Age discrimination at work – how Redmans can help you
Under the Equality Act 2010 your employer is prohibited from discriminating against you on the grounds of your age. Both young and old workers can be and are discriminated against on the basis of their age – for example the rejection of an applicant because they’re “too experienced” or, conversely, “too inexperienced”. However, workers are often unaware of their rights under discrimination law and therefore don’t know what to do or who to turn to if they’re being discriminated against. Redmans’ specialist employment solicitors work on age discrimination claims and can help you with your age discrimination claim.
There are several types of discrimination under the Equality Act 2010:
- Direct age discrimination: where a worker is treated less favourably than other comparable workers because of their age. An example of this would be a worker being refused promotion because they are too old
- Indirect age discrimination: where a Provision, Criterion or Practice is applied which discriminates against workers of a certain age and does in fact put the worker at a disadvantage. An example of this would be the requirement that workers must obtain a certain qualification to achieve promotion.
- Harassment because of a worker’s age: where the worker is subjected to unwanted conduct because of their age which has the purpose or effect of creating a humiliating, offensive, degrading, intimidating or hostile environment for the worker, or of violating their dignity (click here to read our guide to harassment in the workplace)
- Victimisation of a worker because they intend to or have undertaken an age discrimination complaint (click here for our guide to victimisation in the workplace)
Workers can be discriminated against in a wide variety of circumstances, including less favourable or unfavourable treatment relating to recruitment, training, dismissal or any other detriment).
Your employer will be vicariously liable if you are discriminated against or victimised by another employee. Your employer will also be liable if you are harassed by a third party, the harassment took place on two or more occasions, your employer knew of the harassment and failed to take reasonably practicable steps to prevent the harassment. The offending employee or third party may also be liable.
Although direct age discrimination and indirect age discrimination are unlawful, they can be objectively justified by your employer in certain circumstances.
Compensation for claims of age discrimination (unlike other types of claim such as unfair dismissal) is unlimited in the Employment Tribunal. As well as an award of compensation if you’re successful the Employment Tribunal can confer other remedies, such as a declaration of the party’s rights or an appropriate recommendation (such as reinstatement, if applicable, or an apology).
How our employment lawyers deal with age discrimination claims
Our solicitors are responsive, practical, and expert in matters involving age discrimination and litigation in the Employment Tribunal. We can both advise you on your legal position and on how to address the matter with your employer.
There are a number of different types of discrimination that occur in the workplace and our advice to you on your rights and how to tackle the situation will differ depending upon the type of discrimination involved. Direct discrimination involves employees of your employer treating you less favourably than other employees because of your age. This type of discrimination is normally quite obvious and it is relatively simple to suggest steps that can be taken to address the situation (such as a formal written grievance, a serious ‘chat’ with your line manager, or a letter from a firm of solicitors regarding the discriminatory conduct). Indirect discrimination, on the other hand, is normally more subtle and can be harder to address.
Our advice to clients is that trying to settle an issue relating to age discrimination prior to the issue of an ET1 claim is always preferable. If the matter were to be settled prior to the issue of proceedings then this would normally involve a settlement agreement. However, if it is not possible to settle the case prior to the limitation date of the incident of the age discrimination then we are absolutely prepared to litigate in the Employment Tribunal for you – before doing so we will discuss the risks and benefits of litigation with you, as well as the funding option that this will be pursued on. Our employment solicitors are seasoned litigators in the Employment Tribunal and know exactly what they’re dealing with.
Please contact our employment solicitors today for a risk-free assessment of your case. If you choose to instruct a solicitor to act on your behalf, they will work, as appropriate, to negotiate as settlement for you or to pursue a claim in the Employment Tribunal.
Case studies of how we have helped clients in age discrimination cases
Client testimonials – what clients think of us
Funding options for your case
How we deal with your case
We treat everyone we represent equally. That means that you’ll receive exactly the same service as any other client when it comes to your age discrimination claim – from CEO’s to cleaners, department heads to receptionists. You will receive the best employment law advice and representation at all times and the highest level of client care we can offer. We also believe that we offer an extremely competitive fee structure for our employment law services which means that costs are kept low for you, the client. This includes “no win, no fee” agreements.
Our employment law team is based in Richmond, London.