It is unlawful to discriminate against individuals because of their age. This could be because they are of a different age group than a comparable employee or prospective employee. Age discrimination can take many different forms, for example: treating a job applicant differently on grounds of age; applying rules that discriminate against older or younger people; bullying or harassing people on grounds of age; or applying benefits to some groups more favourably than others. Age discrimination is sometimes justifiable, however. For example, when calculating redundancy payouts, an employer can consider giving older employees a higher redundancy payment because of the effect the termination of employment will have on their life situation.
The Equality Act 2010 prohibits the following forms of age discrimination:
Discrimination can be on the basis of an individual’s actual age (direct discrimination), their perceived age (direct discrimination by perception) or the age of an associated person (direct discrimination by association). The discrimination can also be indirect, that is, where there is a policy, practice or procedure which applies to all employees or job applicants, but particularly disadvantages people of a certain age group. For example, requiring job applicants to have worked in a particular industry for ten years will have the effect of disadvantaging younger applicants. Unlike other protected characteristics, direct age discrimination can be objectively justified: as long as the employer can show that the discrimination is a proportionate means of achieving a legitimate aim.
Do you need a lawyer?
- If you are an employee and you think you have been discriminated against, take a look at our employment tribunal representation
- If you are an employer and an employee is making allegations of discrimination against you in the employment tribunal, take a look at the employment tribunal defence
The use of retirement as a fair means of dismissal has been unlawful since 6 April 2011 (subject to transitional arrangements).
You may wish to refer to the statutory code of practice for more information.
The employment law advisers at Ironmonger Curtis are experts in advising employers and employees on discrimination.
Please note that you must bring most employment tribunal claims no later than three months from the date of the act of discrimination, so do not delay in seeking advice!
What our age discrimination solicitors can do for you
With Ironmonger Curtis, you are in good hands. We offer comprehensive employment law advice that responds to your particular situation and aims to achieve the best possible outcome. Contact us today if you have a discrimination issue you need expert guidance on. Our solicitors will explain this complex area of the law to you clearly and provide straightforward advice on how we think you should proceed.
As a boutique firm that often deals with high-end work, we offer clients first-class legal services without the large fees and impersonal approach often provided by large corporate firms. Our clients recommend us for our practical advice, meticulous attention to detail and excellent service.
Ironmonger Curtis is Sheffield’s only dedicated commercial law firm. We believe it is important to offer our clients cutting-edge advice, a wealth of experience in the discrimination and employment fields and the know-how to deal with any issues which may arise.
Contact our Age Discrimination Lawyers Sheffield
Ironmonger Curtis is a specialist commercial law firm based in Sheffield and serving Rotherham, Chesterfield, Barnsley, Dronfield and further afield. Our solicitors provide down-to-earth advice to individuals and businesses on all aspects of discrimination and employment law and pride ourselves on the strong relationships we forge with our clients. Ironmonger Curtis’ expert solicitors also provide advice and representation in relation to company & commercial law, intellectual property, mergers and acquisitions, commercial litigation and commercial property.
For expert age discrimination advice for employees and employers, call us on 0845 225 2635 or fill in our online contact form and we will get back to you shortly.