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Age Discrimination

Premier Advocates > Age Discrimination

Age Discrimination

It is unlawful under the Equality Act 2010 to discriminate any employee because of their age and this would include trainees and job seekers.

There are four main types of discrimination:

1.     Direct Discrimination

This is treating someone less favourably due to their actual age or their conscious age.  This sort of treatment can only be justifiable if it is a proportionate means of achieving a legitimate aim which means it must be appropriate and necessary.

2.     Indirect Discrimination

This is where a policy or procedure is in place which is applicable to all employees but unfortunately it disadvantages certain employees because of their age.  For example if a job advert states that ten years worth of experience is required, this can potentially discriminate younger people.  Indirect discrimination can only be acceptable if there is a legitimate reason.

3.     Harassment

This is when a workplace has created a hostile, humiliating, intimidating or even degrading environment for an individual to work.

4.     Victimisation

Unfair treatment is made to an individual who has supported a recent complaint in regards to age discrimination

Under the Equality Act 2010 it is unlawful to discriminate any employees, trainee or job seeker on the grounds of their age.  It also states there are no upper age limits on redundancy and unfair dismissal.  These regulations cover all workers.  It is also covers related areas higher education institutions, employments agencies, membership of trade unions and vocational training providers.

Companies should ensure they have policies in place which have been designed to prevent discrimination:

Making a claim

If an employee feels they have been discriminated against because of their age, it is possible they can make a claim at the Employment Tribunal; however we would always advise you to talk to your employer to try and resolve the matter informally.