Age Discrimination Employment Law Advice For Employers

How to prevent age discrimination in your business

Age discrimination has been prohibited since 2006 and is now enshrined in the Equality Act 2010.

What are the four types of age discrimination?

There are different types of ageism in the workplace and it is important to see a specialist age discrimination lawyer if you believe this may be happening in your workplace.

Direct discrimination

Direct discrimination is when a person is discriminated against, or receives less favourable treatment, because of a protected characteristic. Direct age discrimination is the only example of direct discrimination that can be objectively justified – i.e. if it can be demonstrated to be a proportionate means of achieving a legitimate aim.

Indirect discrimination

Indirect discrimination is where a provision, criterion, or practice particularly disadvantages a group and the individual concerned. This is unlawful whether or not it is intentional.

Harassment or unwanted conduct

Harassment or unwanted conduct is behaviour that violates a person’s dignity or creates an intimidating, hostile, degrading, humiliating or offensive environment – it is unlawful whether or not it is intentional and need not be targeted at your individual employee.

Victimisation

This is where a person is treated detrimentally because they have made or intend to make a complaint or allegation. There could also be instances where they have given or intend to give evidence concerning a complaint of age discrimination at work.

Examples of age discrimination in the workplace

One example of direct age discrimination is where someone is not offered a promotion at work because their manager considers them to be too old and set in their ways to adapt to these new responsibilities.

Another example would be if a young person was not offered a job because the interviewer did not consider them to be mature enough for the role.

An example of indirect age discrimination would be if a job advert asked for “enthusiastic young people” or “recent graduates”, as this would be taken to exclude older people from applying.

How we help employers prevent age discrimination in the workplace

Our highly experienced solicitors advise on employment and workplace law for employers and best practices regarding age discrimination law. This includes equality and diversity policies, retirement policies and advice on whether you can justify a fixed retirement age.

We also offer employers advice on redundancy and Settlement Agreements in relation to age discrimination.

Contact us today on 01273 609911, or email info@ms-solicitors.co.uk.