Discrimination on the basis of age is unlawful by virtue of the Employment Equality Act 2010. The Act applies to all employers, private and public sector, vocational training providers, trade unions, professional organisations, employer organisations and trustees and managers of occupational pension schemes. The Regulations also apply to employees of any age, office holders, partners of firms and others. The Act also applies to recruitment, terms and conditions, promotions, transfers, dismissals and training.
Types of Age Discrimination
• Direct discrimination, for example, where a decision is reached on the basis of a person's actual or perceived age.
• Indirect discrimination, for instance, where a policy or practice generally applicable to everyone causes disadvantage to a certain group, young or old, unless there are particular justifiable reasons for doing it. An example would be a requirement that applicants had to pass a health or fitness test for recruitment or promotion. This may represent indirect discrimination, as people of certain ages are less likely to pass this test than other age groups.
• Harassment, which involves any unwanted conduct which has the purpose or effect of violating a protected person's dignity or of creating an intimidating, hostile, degrading, humiliating or offensive environment for that person.
• The Act also provides for ‘vicarious liability' provisions, making an employer responsible for anything done by a person in the course of his/her employment and for ensuring that if a person knowingly aids another person to do an unlawful act they are both treated as doing that act.
• Indirect discrimination, for instance, where a policy or practice generally applicable to everyone causes disadvantage to a certain group, young or old, unless there are particular justifiable reasons for doing it. An example would be a requirement that applicants had to pass a health or fitness test for recruitment or promotion. This may represent indirect discrimination, as people of certain ages are less likely to pass this test than other age groups.
• Harassment, which involves any unwanted conduct which has the purpose or effect of violating a protected person's dignity or of creating an intimidating, hostile, degrading, humiliating or offensive environment for that person.
• The Act also provides for ‘vicarious liability' provisions, making an employer responsible for anything done by a person in the course of his/her employment and for ensuring that if a person knowingly aids another person to do an unlawful act they are both treated as doing that act.
If you feel you have been discriminated against in the workplace because of your age, please contact Ashley Hunt, Vaishali Thakerar or Carrie-Ann Randall on 0116 212 1000 or complete the form on the right. Lawson-West offers free initial consultations.
Lawson-West will make sure that your age discrimination case is funded on the most appropriate basis and that will often be on a No Win No Fee basis (subject to assessment). This means that Lawson-West have a vested interest in ensuring your age discrimination claim is successful.
