If you need age discrimination advice Edinburgh, we can help. Our team of dedicated solicitors have excellent experience in dealing with age discrimination claims and can provide the information and support you need. We will take the time to understand your specific circumstances and the impact the discrimination has had on your career, your finances and your personal wellbeing. All of our team members are understanding, empathetic and experienced, and we can help you get your working life back on track. To discuss your circumstances with someone who can help, call us today on 0131 322 1032 or complete our online enquiry form and we will get back to you as soon as possible. We are ready to help you move forward.
Expert Age Discrimination Advice Edinburgh
It is against the law to discriminate against employees in the workplace on the grounds of their age. The law in this area is outlined in the Equality Act 2010, and the legislation affords employees extensive protection from age discrimination at work. It is not only current employees that are protected from age discrimination, but also job applicants and trainees.
Age discrimination can occur in several ways. The Equality Act makes conduct which falls into the following categories illegal:
Direct discrimination takes place where an employer treats a person less favourably on the grounds of their age, or because of the age of a person they associate with (known as discrimination by association)
Indirect discrimination takes place where company policy or procedure applies to all employees equally, but in practice, has a particularly negative impact on individual employees as a result of their age.
Harassment is the behaviour exhibited towards an individual because of their age, which has a negative impact on that individual’s dignity or affects the working environment.
Victimisation occurs where are where a person is treated less favourably because they have made a complaint about age discrimination in the past, or where they have supported another person who has made a complaint about age discrimination in the workplace.
If you believe you have a claim concerning age discrimination, discuss this with your employer before you consider taking further action. Our lawyers here at Employment Law Edinburgh can advise you on how to approach the matter with your employer, and how to go about pursuing the claim before an Employment Tribunal.
When does age discrimination happen?
Age discrimination can take place at any point in the employment lifecycle. But in our experience, there are certain circumstances where age discrimination is particularly prevalent in UK workplaces. We have provided the examples below to help you understand whether you might have been a victim of age discrimination.
Age Discrimination in Recruitment
Age discrimination regularly takes place at all stages in the recruitment process. Examples include where specific training or a number of years of experience are required. A certain amount of experience or training should only be a job requirement where it is essential to the role. Those applying for the job should be given the opportunity to show they have the skills to meet the needs of the job.
Age Discrimination in Training and Promotion
Those responsible for training or promotion in the workplace must not allow age bias to affect their decisions of actions. For example, making assumptions about an employee’s training needs or career aims on the grounds of their age, length of service in their workplace or their length of experience in a particular position. An example of age discrimination in training is where an employer provides training only to younger employees, as they believe it will be a more worthy investment. Another example is where a suitably qualified person is discouraged from applying for promotion because of their age.
Age Discrimination in Performance Management
Those responsible for performance management must not allow bias concerning age to influence their decisions and actions. All employees should objectively assess goal setting and performance regardless of age. Employers must never raise the issue of retirement during an appraisal unless you raise your concerns first.
When might different treatment because of age may be allowed?
There are certain circumstances where different treatment related to age may not amount to unlawful discrimination. The Equality Act 2010 includes specific exceptions where different treatment because of age can or may be lawful. Theses include:
- Differences related to National Minimum Wage and National Living Wage.
- Where the employer can demonstrate the need for a type of age discrimination.
- Where a certain age, or within a specific age range is a legal requirement of the job. This is known as an ‘occupational requirement’ and is restricted to very limited circumstances.
- In the situation that extra benefits, perks or pay is linked to the length of service with an employer.
In redundancy cases, making the decision to keep staff who have been with the employer for a longer period of time may also be lawful. In this situation, the employer must be able to prove that there is a business case for making retaining the most experienced staff, those that are comprehensively trained, or those that are essential in the restructuring and success of the business.
Contact Us Today for Age Discrimination Advice
We at Employment Law Edinburgh would suggest that anyone who believes that they have been the subject of Age Discrimination should raise this with their employer, in the first instance. If however an employer fails to take the concern seriously, the team at Employment Law Edinburgh will be able to advise on how to bring a claim of Age Discrimination before an Employment Tribunal. Call us on 0131 322 1032 or complete our online enquiry form and we will get back to you as soon as possible.