Age Discrimination Solicitors

Age discrimination occurs when someone is treated unfairly either because of, or for a reason related to, their age. The less favourable treatment could be a single act, a series of acts or arise as a result of a rule or policy that has a disproportionate impact on those of a certain age. It does not have to be intentional to be unlawful. 

The Equality Act 2010 covers all “employment” and applies to apprentices, workers, employees and applicants for work. Ex-employees/workers are also protected from discrimination by a former employer. 

The organisation concerned is generally liable for acts of discrimination; however, individuals may also be personally liable.  

Where a Tribunal finds that a claim is well founded, it can order the employer to pay compensation for financial losses and injury to feelings. The Tribunal can also recommend that the employer takes specified steps within a specified time to remove or reduce the adverse effects of the discrimination on the Claimant. 

Establishing that discrimination occurred is not straightforward. Sufficient evidence must be provided to enable a Tribunal to conclude it is more likely than not that an employer discriminated against the worker. 

There will need to be some factual basis upon which the Tribunal can make its findings. It therefore helps if the claimant can produce any relevant letters or documents. It is useful if the employee makes a note of the key incidents and the dates on which they took place. 

If you feel that you may have been discriminated against, please complete our questionnaire. One of our specialist discrimination solicitors will then contact you to discuss your case. 

Complete our discrimination questionnaire 

This occurs when an employer treats a worker less favourably than he treats others because of their age, or because they belong to a certain age group, such as “people in their 20’s or 50’s”. It might be that they are perceived to be of a certain age or because they are associated with someone of a particular age. Examples of potential direct age discrimination are: 

• Someone made to retire because they are 55 
• Someone who is rejected in a job interview because they have young children 
• Someone who is rejected for a promotion because they are “too young” to hold a senior role even though, in reality, they are older than other workers who hold a similar post. 

To determine if someone has been discriminated against, the treatment must be compared to the treatment of someone who is not of that particular age group, but whose circumstances are broadly the same. 

Unlike other forms of direct discrimination, employers can justify direct discrimination because  of age if they can show that what they did was “a proportionate means of achieving a legitimate aim”. 

This arises when an employer applies a “provision, criterion or practice” (such as a policy) which is not intended to treat anyone less favourably, but which in practice has the effect of disadvantaging a group of people with a particular protected characteristic.  

For example, if an employer were to advertise a position requiring at least five GCSEs at grades A to C without permitting any equivalent qualifications, this criterion would put at a particular disadvantage everyone born before 1971, as they are more likely to have taken O-Level examinations rather than GCSEs. 

An employer must not use selection criteria, policies, employment rules, or any other practices that have the effect of disadvantaging employees or job applicants of a certain age, unless the employer can show that they are justified. 

Employers can only defend indirect discrimination if they can show that what they did was “a proportionate means of achieving a legitimate aim”. 

A person harasses another if they engage in unwanted conduct related to their age with the purpose or effect of violating their dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment. 

Examples include comments about age, which offend a person or make them feel humiliated. The comment doesn’t need to be about your own age to cause offence and to be potentially actionable.

Some workers may be deterred from exercising their rights under the Act e.g. by raising a complaint or grievance, or from supporting others who wish to exercise their rights because they fear they will be victimised by their employer. 

The Act, in summary, protects workers who make a complaint of discrimination from being subjected to a detriment. 

In some exceptional circumstances discrimination can be lawful. Examples include service-related benefit and pay scales, national minimum wage, redundancy pay, provision of childcare facilities, insurance benefits, positive action, retirement, and pensions.