Indirect Age Discrimination in the workplace

Winston Solicitors legal advice on age discrimination - more information:

Here we discuss the situation involving "indirect"age discrimination at work. If you feel you may been treated unfairly at work - contact us today for NO WIN NO FEE advice.

Indirect discrimination

Indirect discrimination means selection criteria, policies, benefits, employment rules or any other practices which, although they are applied to all employees, have the effect of disadvantaging people of a particular age unless the practice can be justified.  Indirect discrimination is unlawful whether it is intentional or not.

Lawful discrimination

There are limited circumstances when it is lawful to treat people differently because of their age.

It is not unlawful to discriminate on the grounds of age if:

• There is an objective justification for treating people differently – for example, it might be necessary to fix a maximum age for the recruitment or promotion of employees (this maximum age limit might reflect the training requirements of the post or the need for a reasonable period of employment before recruitment)

• Where a person is older than, or within six months of, the employer’s normal retirement age, or 65 if the employer doesn’t have one, there is a specific exemption allowing employers to refuse to recruit that person.

• The discrimination is covered by one of the exceptions or exemptions given in the regulations – for example pay related to National Minimum Wage

• There is a genuine occupational requirement (GOR) that a person must be of a certain age – for example, if you are producing a play which has parts for older or younger characters.

Read about:

Direct Discrimination

Harassment in the workplace

Victimisation at work

Your questions   We can also help with advice about compromise agreements   Why not click on Age Discrimination Claims Calculator to see how much you may be entitled to claim.   Learn more about the type of claim you have by choosing one of the areas of law.   Email: info@winstonsolicitors.co.uk   Telephone on 0113 268 8898 to speak to a specialist solicitor. Or if you are calling from outside the area, use lo-call 0845 890 2277. We are open Monday to Friday, 8.30am to 5.30pm.   We look forward to working with you as a Winning Partnership.

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