Age Discrimination in the Workplace

Age discrimination in the workplace has become an increasingly important issue. Studies show that people aged 45 or over will make up 40% of the workforce in the UK by 2010. Despite this, age discrimination in the workplace was not covered by specific legislation until October 2006.

However, in 2002 the government introduced the Age Diversity at Work Code of Practice. This covered the main stages of employment, and suggested that:

• Recruitment should be based only on relevant skills, ability and potential.
• Selection should be based on skills and ability.
• Promotion should be based on relevant ability and potential.
• All employees should be encouraged to take advantage of training opportunities, regardless of age.
• Redundancy decisions should be based on unbiased job-related criteria, to ensure that the business retains the skills it needs.
• Retirement schemes should be fairly applied, taking the needs of the individual and the business into account.

The 2006 legislation makes age discrimination in the workplace unlawful, whether this is based on old age or youth.

Retirement and unfair dismissal

The Employment Equality (Age) Regulations 2006 removed the upper age limits for bringing unfair dismissal cases and claims for statutory redundancy payments.

It also made compulsory retirement illegal under the age of 65 unlawful unless this is objectively justified and requires employers to consider an employee’s request to continue working beyond retirement.

There are some situations that are exempt from this age discrimination in the workplace legislation. For example:

• Age-based methods for calculating statutory redundancy payments and unfair dismissal payments will remain.
• Benefits which recognise length of service remain in place.
• Schemes to reward loyalty and experience also remain.
• The age discrimination in the workplace rules do not affect the age at which people can claim their state pension.

If you want to find out more about age discrimination in the workplace, call Ashby Cohen on 020 7408 1338 or visit our contact page for a free initial telephone consultation. As specialist employment lawyers, Ashby Cohen are ideally qualified to help you with any work-related issues you may be facing.

Other elements of employment law that may interest you if you want more information about age discrimination in the workplace include bullying in the workplace, redundancy law and unfair dismissal.