No employee or potential employee should receive less favourable treatment or consideration on the grounds of their Age or be disadvantaged by any conditions of employment or requirements that cannot be justified as necessary on operational grounds. This law is governed by the Equality Act 2010 and covers Age discrimination in recruitment, promotion, terms and conditions of employment, training, disciplinary and grievance procedures, dismissals and redundancy.

The right not to be discriminated against on grounds of age will apply to all employees regardless of their age. Younger employees can suffer from age based assumptions too.

Age discrimination can take the following forms:-

Direct Age Discrimination

This is where a person (A) treats another (B), because of their age, less favourably than A treats or would treat others, unless it can be justified by the employer as a “proportionate means to achieve a legitimate aim”.

The law on retiring employees changed with effect from 6th April 2011. Specifically, the exemption which allowed employers to retire employees at the age of 65 or above was abolished by the Employment Equality (Repeal of Retirement Age) Regulations 2011.

The law is now such that requiring an employee to retire (or refusing employment to a job applicant) because they have reached a particular age, whether 65 or any other age, will be unlawful unless the employer can show it was a “proportionate means to achieve a legitimate aim”.

If your employer dismisses you due to retirement you may have a claim for age discrimination.

Indirect Age Discrimination

This is where an employer applies a provision, criterion or practice equally to all ages but it:-

• puts or would put people of the same age group at a particular disadvantage when compared with others
• puts a person of that age at that disadvantage
• cannot be shown to be a proportionate means of achieving a legitimate aim.

Harassment

A person (A) harasses another (B) if:-

(a) A engages in unwanted conduct for a reason related to B’s age; and

(b) the unwanted conduct has the purpose or effect of (i) violating B’s dignity or (ii) creating an intimidating, hostile, degrading, humiliating or offensive environment for B.

Victimisation

This occurs when you are treated less favourably than others because you make a complaint of age discrimination or support someone else in doing this. So, for example, if you are denied promotion or training because of your involvement in a complaint of age discrimination, this may be considered victimisation.