It is unlawful discrimination to:
Discriminate directly against you – that is, to treat you less favourably than others because of your actual or perceived age, or because you associate with someone of a particular age, examples being:
decide not to employ you.
refuse to provide you with training
deny you promotion
give you adverse terms and conditions
compulsorily retire you
An employer might be able to defend a claim if their actions can be objectively justified.
For example, if your employer promoted another employee ahead of you because he/she was younger, you could claim direct discrimination. This form of discrimination requires a comparison with colleagues who do not share your age characteristic but are similar in other respects, so that you can demonstrate a particular disadvantage to yourself.
Discriminate indirectly against you – that is, to apply a criterion, provision or practice (a work place rule that applies to everyone) which disadvantages people of a particular age unless it can be objectively justified.
Subject you to harassment This refers to offensive, intimidating or distressing behavior which is based on age and violates your dignity or creates a working environment which is hostile, intimidating or degrading. Common examples might include offensive comments about the natural signs of ageing (wrinkles, baldness etc) or age-related nicknames.
Victimise you because you have made or intend to make a complaint or allegation or have given or intend to give evidence in relation to a complaint of discrimination because of age.
Different groups can be quite wide (for example, ‘people under 50’ or ‘under 18s’). They can also be quite specific (for example, ‘people in their mid-40s’). Terms such as ‘young person’ and ‘youthful’ or ‘elderly’ and ‘pensioner’ can also indicate a group.
What rights do you have if you are 65 or over?
You can still bring a claim for unfair dismissal even if you are over 65, or if you have reached your employers normal retirement age.
You continue to have the right to have a redundancy payment if you are over 65.
If you feel you have been discriminated against then call us on 01286 872779, 01286 269226 or 07594461181 for free initial advice