Age discrimination

One of the most important developments in employment law in recent years has been the prohibition of age discrimination. This first became unlawful in October 2006, but many employers and employees remain unaware of its impact, or significant application to their working lives.

The legislation outlaws any treatment which is less favourable on the grounds of age - and this applies not only to prevent older employees from being discriminated against, but younger employees as well. Dismissal because an older worker is perceived to be 'past it', or rejecting a younger applicant on the assumption that they lack experience, without more, is no longer permitted. Compensation is unlimited, which means that tribunals can make awards based on the actual loss an individual suffers in consequence of discrimination, rather than a token sum.

There is now a special retirement procedure which must be followed in all case, and all employees are entitled to seek to work beyond the age of 65, should they wish to. Mandatory retirement before 65 has to be justified and the issue of having mandatory retirement ages at all is due to be phased out in a few years time.

We at Russell Jones & Walker have been at the forefront of these legal developments, acting on a number of cases involving the new legislation. For more detailed information, please click on the links to the right of this page to download our fact sheet "Age Concerns" and other fact sheets on age discrimination (such asbenefits, pensions, retirement, redundancy, recruitment & selection), dealing with key issues for employees arising out of the new legislation.

TAEN Website (The Age & Employment Network) www.taen.org.uk

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If you are concerned that treatment you are experiencing may amount to age discrimination, all you need to do is fill in our online questionnaire and respond to some straightforward questions. Our solicitors will then contact you with their opinion. The services are free and 100% confidential.

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