Age Discrimination Solicitors - Employment Compensation Claims

The over 50 age bracket is a population segment that's continuing to grow. Advancements in the medical sciences are helping people live longer, healthier lives than ever before. Yet, it's a segment of our population that's still facing serious challenges, chief among them being lack of employment opportunities. Those over the age of 40 often find it difficult to obtain employment because of prejudices based on age. The age discrimination legislation was prompted by the need to protect their rights from this growing trend. People of all ages can be, and sometimes are, victims who require assistance from an age discrimination solicitor.

The Employment Equality (Age) Regulations 2006 is age discrimination legislation relating to employment which applies throughout the UK to employees of all ages whereby it is unlawful to discriminate against a person solely on the basis of age. This legislation is wide reaching and complex however there are certain exemptions to the basic rules. This segment of society continues to grow due to advances in medical science and it is this age group that is most likely to suffer from age discrimination although this is also a recognised problem for younger employees including those not long out of full time education and those with no work experience. An age discrimination solicitor can give you legal advice and may make an application for compensation to the Employment Tribunal (ET) and subsequently to the Employment Appeal Tribunal (EAT) if the ET decision is unacceptable on a point of law. If you would like free advice from an age discrimination solicitor without further obligation just use the helpline, email our offices or complete the contact form.

Financial Compensation

The age discrimination legislation applies to all employees equally. There are no minimum or maximum age requirements to meet. Both direct and indirect age discrimination is illegal. The only exception made is for an employer who is able to provide evidence of objective, justifiable grounds for the ostensible prejudice. Offending employers are now held financially accountable to the workers they've discriminated against. An employer found to be in violation by an age discrimination solicitor before the Employment Tribunal is liable for unlimited financial penalties to be paid to the offended worker.

Age Discrimination Issues

Disputes related to age discrimination arise for a variety of reasons. These are just a few of the issues surrounding employment law as it relates to age:

  • The age of retirement is now resolved. The upper age limit for unfair dismissal and redundancy rights is removed. Employees can request that they be allowed to work after the age of compulsory retirement (65) and the employer must consider that request. There must be at least 6 months notice given of an employees retirement date.
  • Employers are no longer able to recruit candidates on the basis of their age. The applicant's qualifications for the job are to be the sole basis for recruitment.
  • The employee's pay and benefits can remain tied to length of employment and/or experience, provided neither is linked to age.
  • Under the current statutes, the redundancy payments awarded to an offended worker are calculated according to that worker's age. The current proposal is that the payments amount to one week's salary per year of service, which will be capped by a statutory limit.
  • Younger workers may find protection from age discrimination through the proposed outlawing of the "last in, first out" redundancy selection criteria. This law would recognize that age discrimination affects a wide range of people, both young and old, from all walks of life.

Age discrimination law

The Employment Equality (Age) Regulations are applicable to individuals employed in both the public and private sectors. It covers employees of all ages, not just older workers. The legislation include guidelines covering employment and recruitment, training, terms and conditions of employment, transfers, promotions and termination. An employer’s policies may not negatively affect one age group over another, be it directly or indirectly. The employer must also have fair redundancy policies and selection procedures. Failure by an employer to follow the rules may entitle your solicitor to claim substantial damages on your behalf.

The Employment Equality (Age) Regulations 2006

Age discrimination compensation claims are now possible in the Employment Tribunal as a result of legislation in the form of the Employment Equality (Age) Regulations 2006 - SI No 2006/1031 which came into force in the UK on the 1st of October 2006 with the intention of introducing age related employment equality to ensure that people are not denied employment or are not harassed because of their age and will have an equal opportunity for training and promotion.

Age discrimination is now unlawful and the legislation applies to all employers in the private and public sector and protects employees of all ages including workers, office holders, partners of firms and others and covers recruitment, terms and conditions, promotions, transfers, dismissals and training.

Employers must now ensure that their policies do not adversely affect any one age group more than another either directly or indirectly and in particular must operate fair redundancy policies with fair selection procedures. An employer can however select on the basis of age when such selection can be objectively justified.

The normal retirement age policy is strengthened and an employer cannot retire anyone below age 65 except where it can be shown to be objectively appropriate and necessary. Furthermore an employer must give serious consideration to an employees statutory request to work past the age of 65.

The upper and lower age limits are removed for statutory redundancy pay and the upper age limit for unfair dismissal claims to the Employment Tribunal is removed.

Under the legislation, no employer may force an individual into retirement prior to the age of 65 unless it is deemed “objectively appropriate and necessary.” Also, if an individual desires to continue working past the traditional retirement age of 65, their employer must give the matter its due consideration. For statutory redundancy pay, there are no minimum or maximum age requirements to be met. For unfair dismissal cases in front of the Employment Tribunal, the upper age requirement is removed.

The Employment Equality (Age) Regulations 2006 applies to:-

  • employment terms
  • recruitment and employment
  • employment
  • transfers conditions
  • promotion
  • training & supervision
  • termination

Employers must not utilise any of the following practices because of age:-

  • dismissal from employment
  • provide adverse terms and conditions
  • deny justified promotions
  • decide not to employ you
  • deny training opportunities
  • apply involuntary retirement standards for workers under 65 years of age

Direct & Indirect Discrimination

Our age discrimination solicitors deal with compensation claims which may be due to either direct discrimination or a more subtle indirect version. Direct discrimination is straightforward and obvious and includes blatant advertising for employees within a particular age group. The indirect problem occurs when obstacles are placed in the way of employees who are more easily satisfied by those within a particular age group, although there may be acceptable and positive reasons to include or exclude those of a particular age group dependent on the requirements of a particular job. As an example an employer may impose a physical fitness test that could only be accomplished by younger applicants thereby prejudicing older applicants.

Age discrimination solicitors

Since October of 2006, it has been illegal in the UK for employers to deny employment to individuals or treat them in an unfair or unfavourable manner based on their age. This law was established by The Employment Equality (Age) Regulations 2006 - SI No 2006/1031. If you believe you have been the victim of age discrimination, you may be eligible to receive compensation. For advice at no cost contact our age discrimination solicitors using our helpline.

Please contact our age discrimination 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 to either negotiate a settlement with your employer or make an application to the Employment Tribunal on your behalf. Our solicitors will represent you in the Employment Tribunal and at any subsequent appeal that may be necessary. Our lawyers offer a complete service and your claim is in safe hands.

If you believe that you may have a potential claim and could be eligible for compensation, call us today on our helpline and speak to an age discrimination solicitor. Everything is disclosed and agreed in advance so there are no secret fees and no surprises. All consultations are confidential and you are under no obligation to proceed with a claim.