Whether you're young or old, if you have been treated less favourably because of your age group when at work, looking for work, or during a recruitment process you could be entitled to compensation.
If you believe you have been discriminated against at work because of your age group contact Powell Eddison age discrimination lawyers today for a free initial consultation on making an age discrimination claim.
Contact our age discrimination lawyers by calling our Harrogate law firm on 01423 564551 or Leeds law firm on 0113 200 7480. We are ready to speak to you about any potential claims, also please feel free to complete our online form.
What is age discrimination?
Under the Equality Act 2010 you are protected from age discrimination during all stages of the employment relationship. It is illegal for a person to discriminate against, or treat less favourably another person because of a protected characteristic. This doesn't apply just to employers and staff but also by unwanted conduct from clients, customers or suppliers.
Examples of age discrimination
The Equality Act 2010 states that when making age discrimination claims, you have to have experienced age discrimination in one or more of four forms.
Direct age discrimination
Direct age discrimination at work is when a person discriminates or treats another less favourably because of age. Direct discrimination can be objectively justified by your employer if your employer can show a proportionate treatment for the means of achieving a legitimate aim. This can be difficult for your employer to prove and so your employer will often offer you a settlement and exit package if you can put forward a good case.
Common examples of direct discrimination at work include:
Being forced out of work because of your age
Making someone redundant because of his or her age
Overlooking you for promotion because of your age.
Indirect age discrimination
For Indirect age discrimination at work to occur an employer must apply a change of rules which benefits employees in an age group, but which does not apply to you. Another form of Indirect age discrimination is when an employer makes a change of rules which puts you at a disadvantage which the employer cannot show it to be a proportionate means of achieving a legitimate aim.
Common examples of indirect discrimination at work include:
Requiring a minimum number of years’ experience for a job, where this is not necessary
Only offering a certain training programme to employees who are within three years of graduating, as this is likely to discriminate against older employees.
For Harassment at work claims you must be able to prove unwanted age biased behaviour that is offensive, menacing, or distressing that violates an employee’s dignity, or creates a hostile or degrading environment to work in.
Common examples of Harassment at work include:
Stereotyping people of a certain age
Common examples of age harassment at work could include age related belittling nicknames (eg. Grandad), or comments about natural signs of ageing such as wrinkles, grey hair etc.
For victimisation at work to be claimed an employee must prove they have been treated unfairly by the employer, clients, customers or supplier because they’ve previously complained about discrimination or harassment.
Common examples of Victimisation at work include:
Harassing or victimising someone at work because of his or her age
Changing your duties or demoting you
Being dismissed because of your age? If you have had your employment terminated, and think that this is because of your age, then, in addition to an age discrimination claim you would want to make a case for unfair dismissal.
Protected characteristics in age discrimination law
Whether they are employed, seeking a new job and therefore engaging in a recruitment process both young and old workers can be and are discriminated against on the basis of their age.
If you are over the age of 65 and are employed, you are still covered by the protection of the Equality Act 2010. Even after you have reached your employer’s normal retirement age, if they have one, for your position, you retain the right to make a claim for unfair dismissal.
Your rights under discrimination law
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.
If you feel you are being discriminated against due to your age, it’s important to take all the correct steps as this will strengthen your negotiating position when it comes to claiming compensation or a settlement exit package. Avery Walters specialist age discrimination solicitors work in employment law cases with experience in age discrimination claims and can help you with your age discrimination claim which involve:
Guidance on the first step which is talking to your line manager. If you have already done it may be time to take the next step.
Lodging an official grievance letter. Our senior age discrimination solicitors can guide you through official grievance procedures. When your employer receives your grievance letter detailing your description of the age discrimination you have faced, your employer will have to call a meeting.
You may also be able to lodge a claim at the employment tribunal at this stage.
Age discrimination claims must be brought within three months (less one day) from the date of the last unfair act in which to commence the early conciliation process with the Advisory, Conciliation and Arbitration Service (ACAS).
How to get a settlement agreement after experiencing age discrimination at work
Whether you're young or old don't suffer in silence if you believe you've been unfairly discriminated against because of your age.
Speak to one of our experienced age discrimination solicitors about challenging all age biased behaviour as you may be able to get compensation from your employer for financial loss and injury to feelings.
Our specialist team of Leeds age discrimination lawyers represent clients who have suffered age discrimination in all aspects of their lives. We have past experience in successfully securing compensation for clients who have suffered discrimination at the hands of many organisations.
Contact Our Age Discrimination Solicitors in Harrogate & Leeds
If you feel you have been the subject of age discrimination and treated less favourably due to your age at work and are thinking of making a compensation claim, our age discrimination solicitors regularly represent clients in age discrimination claims locally to our offices. We offer a NO-WIN-NO-FEE on ALL employment claims for Claimants.
For specialist employment law advice, contact our age discrimination solicitors in our Harrogate or Leeds offices today for specialist, no obligation FREE phone advice.