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This fact sheet will give you some basic information about the laws protecting you from age discrimination at work. You can also listen to it online or download it onto an MP3 player.

Please be aware that this is not legal advice and if you are concerned about any of the issues mentioned you should speak to a lawyer.

You can contact Russell Jones & Walker's solicitors at enquiries@rjw.co.uk or call our freephone number 0800 916 9065.

• How am I protected from age discrimination?
• What sort of things does the law protect me from?
• Are there any reasons my employer can discriminate on the grounds of age?
• What sort of selection criteria for redundancy can my employer use?
• Am I entitled to a redundancy payment?
• How are the payments calculated?
• How do I make a claim if I think I've been discriminated against?

How am I protected from age discrimination?

Since 1 October 2006 it has been unlawful to treat you differently at work because of your age. This also applies to the way your employer decides who should be made redundant.

This fact sheet only deals with age discrimination and redundancy. There are fact sheets dealing with other age discrimination issues on Your Legal Rights.

What sort of things does the law protect me from?

It protects you from direct discrimination, where you are treated less favourably because of your age. For example, your employer cannot set an upper or lower age limit for a job.

It also protects you from indirect discrimination. This is when a policy or practice applies to everyone but has a greater impact on people in a particular age group. For example, if length of service is one of the selection criteria for redundancy it is likely to discriminate against younger employees.

You are also protected from victimisation. This could be, for example, if you have made a complaint about age discrimination after being overlooked for promotion and on that basis selected for redundancy.

Are there any reasons my employer can discriminate on the grounds of age?

Only if your employer can show that the discriminatory policy or practice can be objectively justified. This means they have to show it is a valid way of achieving a legitimate aim. There is no legal definition for this, it is decided on a case-by-case basis. But it is likely to include issues like health and safety and business needs.

What sort of selection criteria for redundancy can my employer use?

Their criteria should not be based directly or indirectly on age, so they shouldn't use something like length or service. However, you won't be able to make a claim for discrimination simply because your employer has used age-related criteria. You will have to show that there was no objective reason for them to use these criteria.

Am I entitled to a redundancy payment?

There is no longer any upper or lower age limit for redundancy payments. This means that you will be entitled to statutory redundancy pay however old you are, providing you have two years service.

Age and length of service are, however, still used in calculating your redundancy pay.

How are the payments calculated?

If you're aged 18-21 you get half a week's pay for each year of service; 22-40-year-olds one week's pay; and those aged between 40 and 65 get one-and-a-half week's pay for each year of service.

Your employer can make enhanced payments if these are based on this scheme, for example, by using the same age bands. However, if your employer's scheme is different, you could challenge it under the laws against age discrimination. For example, if it uses different age bands or does not use age bands but only length of service.

How do I make a claim if I think I've been discriminated against?

Normally you will have to bring a claim to the Employment Tribunal within three months less one day of the discriminatory action. This is a strict time limit, so you should get legal advice as soon as possible.

There is no limit to the amount of compensation you can get - it will reflect the actual loss you've suffered.