Age Discrimination in the Workplace

Age discrimination in the workplace has become an increasingly important issue, and was finally legislated for in the Employment Equality (Age) Regulations in 2006.

These Regulations protect your employees from age discrimination (for both old age and youth) in all aspects of their employment, including recruitment, terms and conditions, promotions, transfers, dismissals and training.

The Employment Equality (Age) Regulations 2006 removed the upper age limits for bringing unfair dismissal cases and claims for statutory redundancy payments.

It also made compulsory retirement illegal under the age of 65 unlawful unless you are able to objectively justify retirement of an employee at a younger age. You are obliged to consider any request made by your employees to continue working beyond retirement.

There are some situations that are exempt from age discrimination in the workplace legislation. For example:

  • Age-based methods for calculating statutory redundancy payments and unfair dismissal payments will remain.
  • Benefits which recognise length of service remain in place.
  • Schemes to reward loyalty and experience also remain.
  • The age discrimination in the workplace rules do not affect the age at which people can claim their state pension.

In addition, there are certain circumstances in which you may be able to treat younger or older employees differently providing you can show that there is objective justification for this. For example, special provisions may be required in order to protect your employee’s health and safety if they are an older worker being employed by a construction company.

If your employee is subjected by you to any detriments as a result of having made (or intending to make) a complaint or allegation relating to the discrimination they have suffered, they may have a claim for victimisation. They may decide to resign because they feel their position is no longer tenable as a result of the discrimination they have suffered, in which case they will also have a potential claim for constructive dismissal.

If you would like more detailed information about age discrimination, Ashby Cohen can help you. We specialise in employment law cases, and our years of experience as employment lawyers make us uniquely qualified to assist you with any age discrimination issues you may have. Please contact us for an initial free consultation.

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