Making Sense of Employment Law – Age Discrimination Law
Age discrimination law – who is protected?
Since October 1, 2006, the law on age discrimination at work has made it unlawful to discriminate on the grounds of age. This protection is now contained in the Equality Act 2010. It is unlawful to discriminate against:
- Workers
- Employees
- Job seekers
- Trainees
- Agency workers (by either the agency or the end user to whom they are supplied)
- Office holders, partners and members (political offices are excluded)
Types of age discrimination in the workplace
Direct discrimination
This is where someone is treated less favourably than others because of their age unless the treatment can be objectively justified.
Indirect discrimination
This is where a criteria, provision or practice disadvantages people of a particular age, unless the practice can be justified. Indirect discrimination is unlawful whether it is intentional or not.
Harassment
Harassment is unwanted conduct that violates a person’s dignity or creates an intimidating, hostile, degrading, humiliating or offensive environment for them having regard to all the circumstances including the perception of the victim. Harassment is unlawful whether it is intentional or not and does not have to be targeted at an individual.
Victimisation
This is where someone is treated detrimentally because they have made, or intend to make, a complaint or allegation. Also where they have given, or intend to give, evidence in relation to a complaint of age discrimination at work.
Age discrimination – UK postion on retirement
April 5, 2011 was the last day an employer could give an employee notice that they intended to retire them. The scrapping of the Default Retirement Age means the timing of retirement is now a matter of choice rather than compulsion. Employers will have to consider whether their company should have a retirement policy. But they will have to objectively justify why there is a set age for retirement. Retirement is no longer a potentially fair reason to dismiss in its own right. For more information see Changes In Retirement 2011 – What Next?
Want to talk to us about age discrimination UK?
If you would like to discuss age discrimination law or for any other information relating to discrimination in the workplace please email Fiona Martin or call your local martin searle solicitors’ office on 01273 609911 (Brighton) or 0845 189 0152 (Croydon).
