Home > EMPLOYMENT > AGE DISCRIMINATION AT WORK

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.

• How am I protected against age discrimination at work?
• What does discrimination actually mean
• What does victimisation mean?
• And what is harassment?
• Is discrimination on the basis of age ever allowed?
• Are there any exceptions to these regulations?
• So what happens with the retirement age?
• What are service-related benefits?
• How do the regulations affect redundancy pay?
• Do the regulations affect the National Minimum Wage?
• How do I make a complaint about age discrimination?

How am I protected against age discrimination at work?

Discrimination in employment on the basis of age is now illegal. This means you have protection from age discrimination when applying for a job, in the terms and conditions of your contract and in promotions, transfers, dismissals and vocational training. Your employer may also be responsible for how their agents act. You are also protected from age-related victimisation or harassment.

What does discrimination actually mean

It means you can't be treated differently from someone else just because of your age. This applies to you as an individual - direct discrimination - and also to any action that would put anyone of a particular age at a disadvantage - indirect discrimination.

What does victimisation mean?

Victimisation is when you are treated less favourably because you have made a complaint or allegation about age discrimination. This also applies if you are helping someone else who has made a complaint or allegation of age discrimination.

And what is harassment?

Harassment is when you are made to feel intimidated or humiliated by someone else's behaviour. This could include someone making offensive or insulting comments about your age or excluding or ignoring you because of your age. It might not be targeted at you personally, but would include, for example, telling "ageist" jokes.

Is discrimination on the basis of age ever allowed?

In some cases employers might be able to argue that age discrimination is justified.

In some cases employers might be able to argue that age discrimination is justified. However, they will have to show that treating people differently because of their age is "proportionate and legitimate". This means the benefits outweigh the affects of the discrimination and that it has a valid aim, for example, the particular training needed for a job. It won't be easy for employers to make this argument. In some cases an employer can legally discriminate on the grounds of age if it's a genuine requirement for the job, for example, an actor in a particular role may need to be around the same age of the character he or she is playing.

Are there any exceptions to these regulations?

There are a few main areas that are not covered or have different requirements: retirement; service-related benefits; redundancy; and the national minimum wage.

So what happens with the retirement age?

Normal retirement age can be set at 65 or above. Anything below 65 will need to be justified. You have a right to ask to carry on working after the normal retirement age and your employer will have to consider your request. There is a more detailed fact sheet on how the regulations affect retirement.

What are service-related benefits?

Some benefits are only available to people who have worked for their employer for a minimum period.

Some benefits are only available to people who have worked for their employer for a minimum period. For example, you might qualify for more annual holiday once you have worked for a company for a year. This could be said to be indirect discrimination, because older people are more likely to have worked at the same place for longer. However, there is an exception for this type of benefit as it can be very important for motivating staff, and benefits given to people who have five years' service or less are allowed. If employers are offering benefits for more than five years' service, they have to show this reflects higher experience, rewards loyalty or increases motivation.

How do the regulations affect redundancy pay?

Some people are entitled to statutory redundancy pay to compensate them if their job has disappeared. This will continue to be calculated using age-related criteria. Some employers also offer enhanced redundancy payments and they will be exempt from the regulations if they follow the government's criteria for calculating payments. However, if they use a different method they will have to justify it.

Do the regulations affect the National Minimum Wage?

No. This will still be applied according to age bands.

How do I make a complaint about age discrimination?

If you think you are a victim of age discrimination you can complain to an Employment Tribunal. You should take legal advice, because normally you will have to raise your complaint officially with your employer first. You can complain to a Tribunal however long you have worked somewhere, but the deadline for making your complaint is three months less one day from the day the discrimination happened. Sometimes this can be extended. You can make your employer fill in a questionnaire to help you get more information about your complaint. If the Tribunal agrees you have been discriminated against and your employer was responsible, your employer will have to justify their behaviour. If they can't, the Tribunal can make a declaration that your employer has acted illegally and award compensation. There is no maximum amount of compensation that can be awarded.