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Age discrimination in the workplace is a serious issue that can impact your career. The Equality Act 2010 (EqA) is a key piece of legislation that protects against discrimination, ensuring your rights are safeguarded regardless of your age. In this post, we have delved into age discrimination in more detail, providing knowledge about employment laws in the UK and offering advice about the steps you can take if you face age discrimination at work.
Understanding the Equality Act 2010
The Equality Act 2010 is a comprehensive piece of legislation that covers age discrimination at work, providing guidance to help prevent workplace discrimination, including common age-related biases. It provides robust protection against unfair treatment, ensuring employees are judged based on merit rather than age.
This Act not only addresses direct discrimination but also protects against indirect discrimination, harassment and victimisation related to age. It applies to all aspects of employment too, from recruitment and promotion to training and benefits, ensuring a level playing field for all employees at all times. Not to mention, the EqA imposes a duty on employers to make reasonable adjustments for employees, thus fostering an inclusive work environment where diversity is respected and valued.
Being “Too Old” or “Too Young”
Age discrimination can manifest in various forms, often stemming from stereotypes and biases. Being labelled as “too old” often results in assumptions about decreased productivity, reluctance to adapt to new technologies or being out of touch with current trends. This can result in older employees being overlooked for promotions or professional development opportunities, reinforcing the cycle of ageism. Additionally, it may lead to a demotivating work environment where their experience and expertise are undervalued.
On the other hand, being deemed “too young” can lead to underestimation of capabilities, experience and professional maturity. This type of discrimination can manifest as a lack of trust in younger employees’ decision-making abilities or hesitation to assign them to high-responsibility roles. It can also result in younger workers being paid less than older colleagues for the same work, creating a culture that equates age with value. Both of these stereotypes unfairly limit opportunities for employees based on age, rather than performance, resulting in an environment where talent and potential are overshadowed.
Common Types of Age Discrimination
Age discrimination in the workplace can range from subtle biases to overt unfair treatment. Common examples include recruitment processes favouring younger candidates, unjustified age-related redundancies, exclusions from training opportunities based on age, and age-based jokes. Pay and bonus decisions influenced by age, rather than performance or experience, also constitute discrimination. These practices not only undermine the principles of equality but also impact the morale and productivity of those affected.
It is important to note that age discrimination can also manifest in less visible ways, such as through the perpetuation of a workplace culture that idolises younger age groups and overlooks the contributions of older employees. This can lead to a lack of representation of older workers in marketing materials, company events or decision-making roles, subtly reinforcing the idea that they are less valuable. This type of work environment not only demeans the dignity of older employees but also deprives organisations of the diverse perspectives and experiences they bring to the table. Workplaces need to recognise and address these subtler forms of age discrimination to create a truly inclusive environment for all employees.
Choice in Retirement
A key age discrimination law is the abolition of the default retirement age of 65, empowering employees to choose when they retire. This significant shift respects an individual’s right to continue working based on their ability and desire, rather than being constrained by an age limit. It recognises the valuable contribution of older employees and supports a diverse workforce.
However, the concept of ‘occupational retirement’ remains, allowing employers to set specific retirement ages for certain roles, but only if they can justify them as a necessity for the job.
This ensures that retirement decisions are not based solely on age but consider the specific requirements and nature of the work. It prevents the forced retirement of individuals solely due to reaching the age of 65, aligning with the modern understanding that age does not diminish a person’s ability to contribute effectively in the workplace. However, in certain professions where age can be a legitimate factor in performance, such as physically demanding roles or jobs requiring quick reflexes, employers can apply ‘occupational retirement’ to ensure safety.
Making an Age Discrimination Claim
If you believe you have been treated less favourably in the workplace due to your age, you may be able to make a claim. Start by gathering any evidence of discriminatory practices, such as emails or witness statements. It is important to act promptly, as there are time limits for making a claim. Consulting with an age discrimination solicitor can provide clarity on the strength of your case and guide you through the process. Remember, there is no minimum length of service required to make an age discrimination claim and the compensation awarded is not capped, reflecting the seriousness with which the law treats this form of discrimination.
The law also enables you to request information from your employer that could assist your case. This information, which can include internal communications or policies, should be made available to you within 28 days of legal proceedings. This transparency is crucial in ensuring a fair evaluation of your claim and allows your legal representative to fully understand the circumstances and grounds of any alleged discrimination you have faced.
Get Some Advice from Age Discrimination Solicitors
The Equality Act 2010 is a powerful tool if you have experienced age discrimination in the UK workplace. Understanding your rights under this piece of legislation is the first step in combating unfair treatment. If you face age discrimination, remember you have the law on your side and with the help of specialised solicitors, you can make a claim to protect your career and dignity.
Here at Nationwide Employment Lawyers, we have a team of experienced employment law specialists and we have lots of experience assisting employees with discrimination claims. We are committed to achieving the best possible results for our clients and we can help you to get the compensation you deserve. When you choose our age discrimination solicitors, you will have direct personal contact with them, so your questions will always be answered and you will never feel left in the dark. Do not hesitate to contact us today to find out more about how we can assist you with your discrimination case.
