Age Discrimination in the Workplace

Age Discrimination Lawyers

Age discrimination occurs in the workplace when an employer treats an individual less favourably for reasons linked to his or her age. The legislative framework that provides protections for employees in this area is the Equality Act of 2010. This legislation prevents less favourable treatment, or discrimination, on a number of prohibited grounds including sex, sexuality, disability, age, religion or belief and race.

The Equality Act 2010 provides protections against both direct and indirect age discrimination, victimisation and harassment. Direct discrimination occurs in a situation where an employee is treated less favourably because of their age. In contrast, indirect age discrimination applies in a situation where an employer has a policy or practise which disproportionately disadvantages individuals in a certain age group. The latter situation constitutes indirect age discrimination unless the policy or practise can be objectively justified by the employer.

Age Discrimination Reading

Employers would be well advised to apply age neutral recruitment processes by ensuring that advertisements and job descriptions are age neutral and focus on the competences of the role rather than any age-related criteria including in some cases qualifications. HR department should ensure that hiring managers are trained to recognise and counteract their own biases which could give rise to expensive claims of age discrimination. Employers should apply flexible working policies to ensure that the business case is for the needs of employees at different stages of their life which could include remote working options and phased retirement plans as well as an entitlement to work flexible hours. Regular training should be provided to all employees to ensure that no unconscious bias is applied within the workplace culture.

Individuals who have a claim for age discrimination would be advised to contact ACAS to commence the early conciliation process within three months of any act or omission that gives rise to a claim for age discrimination. This triggers the early conciliation process which is an opportunity for the individual and the employer to consult to determine whether or not the dispute can be resolved amicably. If the dispute can be resolved amicably, this typically leads to a COT3 Agreement being signed by both parties as evidence of the agreement which has been reached in relation to any financial settlement and a waiver of claims by the individual concerned.

If the dispute cannot be resolved amicably, the individual will be required to issue a claim at the Employment Tribunal for age discrimination within the time limits prescribed. An employee has a maximum of three months less one day from the date of any act or omission giving rise to a claim of age discrimination, to issue proceedings at the Employment Tribunal. The caveat to this is that any period of time spent within ACAS early conciliation extends the limitation period for filing the claim at the Employment Tribunal.

Here at DPH Legal, we frequently advise individuals in relation to the issuing of age discrimination related claims at the Employment Tribunal against their employer as well as providing advice to employers in defending those claims.