Age Discrimination At Work

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?

Please 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 (which can be downloaded from the ACAS website). 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.

You are entitled to request your employer to complete a questionnaire to obtain information relating to your complaint. This can be served at any time prior to commencing legal proceedings, or within 21 days of lodging your claim. Once you have convinced the tribunal that an act of discrimination has occurred, and the employer is responsible, it is up to the employer to justify their behaviour.

If a claim is upheld, a tribunal can make a declaration that there has been unlawful discrimination and award compensation. There is no upper limit to the amount that can be awarded.

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.

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