Age Discrimination Solicitors – UK Employment Tribunal Compensation
SOLICITORS HELPLINE: ☎ 0344 414 0018
The over 50 age bracket is a population segment that's continuing to grow. Advancements in the medical sciences are helping people live longer, healthier lives than ever before. Yet, it's a segment of our population that's still facing serious challenges, chief among them being lack of employment opportunities. Those over the age of 40 often find it difficult to obtain employment because of prejudices based on age. The age discrimination legislation was prompted by the need to protect their rights from this growing trend. People of all ages can be, and sometimes are, victims who require assistance from an age discrimination solicitor.
The Employment Equality (Age) Regulations 2006 is age discrimination legislation relating to employment which applies throughout the UK to employees of all ages whereby it is unlawful to discriminate against a person solely on the basis of age. This legislation is wide reaching and complex however there are certain exemptions to the basic rules. This segment of society continues to grow due to advances in medical science and it is this age group that is most likely to suffer from age discrimination although this is also a recognised problem for younger employees including those not long out of full time education and those with no work experience. An age discrimination solicitor can give you legal advice and may make an application for compensation to the Employment Tribunal (ET) and subsequently to the Employment Appeal Tribunal (EAT) if the ET decision is unacceptable on a point of law. Our solicitors operate using the no win no fee scheme which is risk free for our clients. If you would like free advice from an age discrimination solicitor without further obligation just use the helpline, email our offices or complete the contact form.
The age discrimination legislation applies to all employees equally. There are no minimum or maximum age requirements to meet. Both direct and indirect age discrimination is illegal. The only exception made is for an employer who is able to provide evidence of objective, justifiable grounds for the ostensible prejudice. Offending employers are now held financially accountable to the workers they've discriminated against. An employer found to be in violation by an age discrimination solicitor before the Employment Tribunal is liable for unlimited financial penalties to be paid to the offended worker.
Age Discrimination Issues
Disputes related to age discrimination arise for a variety of reasons. These are just a few of the issues surrounding employment law as it relates to age:
- The age of retirement is now resolved. The upper age limit for unfair dismissal and redundancy rights is removed. Employees can request that they be allowed to work after the age of compulsory retirement (65) and the employer must consider that request. There must be at least 6 months notice given of an employees retirement date.
- Employers are no longer able to recruit candidates on the basis of their age. The applicant's qualifications for the job are to be the sole basis for recruitment.
- The employee's pay and benefits can remain tied to length of employment and/or experience, provided neither is linked to age.
- Under the current statutes, the redundancy payments awarded to an offended worker are calculated according to that worker's age. The current proposal is that the payments amount to one week's salary per year of service, which will be capped by a statutory limit.
- Younger workers may find protection from age discrimination through the proposed outlawing of the "last in, first out" redundancy selection criteria. This law would recognize that age discrimination affects a wide range of people, both young and old, from all walks of life.
The Employment Equality (Age) Regulations 2006
Age discrimination compensation claims are now possible in the Employment Tribunal as a result of legislation in the form of the Employment Equality (Age) Regulations 2006 - SI No 2006/1031 which came into force in the UK on the 1st of October 2006 with the intention of introducing age related employment equality to ensure that people are not denied employment or are not harassed because of their age and will have an equal opportunity for training and promotion.
Age discrimination is now unlawful and the legislation applies to all employers in the private and public sector and protects employees of all ages including workers, office holders, partners of firms and others and covers recruitment, terms and conditions, promotions, transfers, dismissals and training.
Employers must now ensure that their policies do not adversely affect any one age group more than another either directly or indirectly and in particular must operate fair redundancy policies with fair selection procedures. An employer can however select on the basis of age when such selection can be objectively justified.
The normal retirement age policy is strengthened and an employer cannot retire anyone below age 65 except where it can be shown to be objectively appropriate and necessary. Furthermore an employer must give serious consideration to an employees statutory request to work past the age of 65.
The upper and lower age limits are removed for statutory redundancy pay and the upper age limit for unfair dismissal claims to the Employment Tribunal is removed.
The Employment Equality (Age) Regulations 2006 applies to:-
- employment terms
- recruitment and employment
- transfers conditions
- training & supervision
Based solely on age, an employer may not:-
- change employment conditions
- refuse promotion
- force retirement without lawful justification
- decide to refuse employment
- terminate employment
- refuse training
Employers must not utilise any of the following practices because of age:-
- dismissal from employment
- provide adverse terms and conditions
- deny justified promotions
- decide not to employ you
- deny training opportunities
- apply involuntary retirement standards for workers under 65 years of age
Direct & Indirect Discrimination
Our age discrimination solicitors deal with compensation claims which may be due to either direct discrimination or a more subtle indirect version. Direct discrimination is straightforward and obvious and includes blatant advertising for employees within a particular age group. The indirect problem occurs when obstacles are placed in the way of employees who are more easily satisfied by those within a particular age group, although there may be acceptable and positive reasons to include or exclude those of a particular age group dependent on the requirements of a particular job. As an example an employer may impose a physical fitness test that could only be accomplished by younger applicants thereby prejudicing older applicants.
Age Discrimination Solicitors
All claims are dealt with using the no win no fee scheme and the solicitors make no charge whatsoever if the claim is lost. Claims are totally risk free. If compensation is recovered on your behalf then costs are charged based on a percentage of the total sum recovered. This figure is agreed in advance and there are no hidden extras. You know exactly where you stand from the very beginning. If you would like to discuss your potential claim with a specialist lawyer with no charge and with no obligation just use the helpline or complete and send the contact form or email our offices.