Age Discrimination in the Workplace

We’re a team of calm, confident and cost conscious employment laywers. Call us today on 01793 296581

Book Your FREE Consultation

Why trust us with your unique situation? We’re independently rated EXCELLENT by our clients.

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 at Work

An example of direct age discrimination would be a situation where an employer makes an unjustified decision to promote a younger employee rather than an older employee who has higher levels of performance than his or her counterpart. Direct discrimination cannot be objectively justified in a similar way to indirect age discrimination. An example of indirect age discrimination may be a policy which requires individuals to obtain certain academic qualifications which could disadvantage older workers who were prevented from having the opportunity from a date obtaining such a qualification due to their age. However, this could be shown to be a proportionate means of achieving a legitimate aim in which case it would be justifiable.

It is important for employers to address ageist or age discriminatory behaviour in the workplace due to the fact that age discrimination, as with any form of discrimination, gives rise to a claim for unlimited damages in the Employment Tribunal. Individuals claiming age discrimination can claim compensation related to their loss of salary, which is not subject to any limit, as well as a sum which is attributed to injury to feelings. Unlike unfair dismissal claims, an age discrimination or any type of discrimination claim does not apply limits on the damages that employees can recover and therefore, those damages can run into significantly high figures.

Request A FREE Call Back From A Senior Employment Law Solicitor

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.

Request A FREE Call Back From A Senior Employment Law Solicitor

    Excellent, professional service. Having been offered what I considered to be a raw settlement deal by my ex-company I decided to contact DPH Legal. From the moment I spoke to them I knew I was in good hands.

    Technical Sales Lead

    I received truly amazing feedback, advice and guidance on my situation and was guided to the best and quickest possible resolve. As a result, I am in a really positive place and managed to find my way through situation/issues I was embroiled in.

    Excellent Support and Guidance

    Bringing Clarity to Your Employment Law Affairs…

    Our 3 Step Process


    Book A Free Consultation

    This complimentary consultation allows our employment solicitors to understand more about your specific situation so we can provide you with the best advice possible.

    We’ll layout your options and will advise you upfront of any costs involved.


    Understand Your Situation

    Understanding your unique situation will help us to understand how we can help you move forward with more clarity.

    Although everyone’s situation is unique, we’ve most likely dealt with similar scenarios before.

    Know Where You Stand

    Whether that's pursuing unfair dismissal, negotiating a larger settlement agreement, starting a claim for discrimination or simply having peace of mind.

    We'll help to feel, clearer and more settled.

    We can be contacted 24 hours a day.
    Our Reading Head Office address is:

    Davidson House
    Forbury Square
    RG1 3EU
    0118 914 5622
    07850 952245