Age Discrimination And Redundancy

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 page only deals with age discrimination and redundancy. There are other pages dealing with other age discrimination issues within 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?

Compensation for age discrimination is potentially unlimited and will reflect the loss actually suffered as a result of the discrimination.

You should note that strict time limits apply in respect of bringing a claim. Most claims will need to be brought in the employment tribunal within three months less one day of the treatment you are complaining about. Where that treatment amounts to a continuing course of conduct by your employer, the claim may be brought within three months less one day from the end of the conduct. In some instances, if a claim is lodged out of time, the Employment Tribunal has the power to extend the time limits if it is just and equitable to do so. However, this power should not be relied on. Please note that in most cases, this time limit will no longer be extended where an internal grievance is lodged first as the rules relating to this have recently changed.

You may also need to follow the ACAS Code of Practice on Discipline and Grievance Procedures. This is aimed at assisting parties to resolve disputes within the work place. If your claim is successful but the tribunal considers that you have failed to comply with the Code, your compensation could be reduced by up to 25%. (There are also penalties on the employer if they do not comply with the Code). Please note that the time limit for bringing a claim is not affected by compliance with the ACAS Code. If your claim relates to matters that happened before 6 April 2009, or if it relates to matters that occurred ongoing through 6 April 2009 and you have lodged a grievance or tribunal claim about it, then different rules may apply in relation to grievance procedures and time limits. These issues can be complicated and, again, you should take prompt legal advice if you think you may have a claim.

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.

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For more information you can download this fact sheet to read offline or print.