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The law has long recognised that certain types of discrimination (such as race and sex) should
be not be permitted in the workplace. However, until recently, it remained legal to discriminate
against somebody, at work, merely on the basis of their age.
The Employment Equality (Age) Regulations 2006 came into force on 1 October 2006 , with a
view to remedying what many people saw as one of the few remaining areas of widely practised
discrimination.
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| Selina Gill |
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| Who does the law apply to ? |
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The law applies to :
- Employees (in simple terms those with a contract of employment)
- Other Workers (such as office holders, police officers, barristers or
partners in a business)
- Job seekers
- Trainees
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| What does the law protect against |
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In general terms, less favourable treatment because of somebody’s age.
This can include (for example) :
- deciding not to employ somebody because of their age
- dismissing somebody because of their age
- refusing to train somebody because of their age
- denying promotion to somebody because of their age
- giving somebody less favourable terms and condition because of their age
- retiring an employee before the employer’s usual retirement age (if there is one) or
retiring an employee before the default retirement age of 65 “without an objective
justification”
- harassing or bullying somebody at work because of their age. Employers can be
held liable for the actions of employees who harass and/or bully on these grounds.
- victimising an individual because they have made a complaint (or intend to do so) about
age discrimination or harassment, or have given (or intend to give) evidence relating to
somebody else’s complaint about age discrimination or harassment.
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| What happens if age discrimination occurs ? |
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An employee (or worker) can bring a claim before the Employment Tribunal, and the employer
could be ordered to pay compensation.
It is important that employers realise that the level of compensation awarded for age
discrimination (where proven), whilst dependent upon a large number of factors, is not limited by
law. If the discrimination has taken place over a long period of time, and has detrimental effects
(for example) on an employee’s (or worker’s) health, the level of compensation awarded could
be
substantial.
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| What should employees do ? |
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If you feel that you have been discriminated against on the grounds of age, you should seek
legal
advice immediately. In general terms, the deadline for making an application to the
Employment Tribunal is three months from the date of the last act of discrimination, but there
are circumstances where this can be extended by your following a certain procedure.
The rules in this respect are complicated, and you should not assume that the deadline will be
extended unless you have taken legal advice first.
We will be happy to give you 30 minutes free advice.
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| What should employers do ? |
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Carry out a health check of, and update, your equality policy, to ensure compliance with the
new
law.
All staff need to be aware of the new (or updated) policy, and trained to put it into action, in order
to minimise the risk of the employer being held liable for the discriminatory actions of its
employees. We can carry out a general health check on your policies and procedures, and help you review
and update those policies. |
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