There has been substantial media coverage of one aspect of Age Discrimination law – retirement.
Retirement is an important area but all ages benefit from significant legal rights granted under The Equality Act 2010.
Age Discrimination can arise in numerous work situations, from the time you apply for a job right through to after you leave it. The situation could be –
- Recruitment
- Pay
- Promotion & development
- Bullying or harassment
Protection also extends to ‘association’. A person subjected to mistreatment due to the age of others, is entitled to complain. Perhaps a young person prefers the company of older work colleagues but is teased for it. This is age discrimination even though the victim is not in fact old.
In legal terms, there are 4 types of discrimination –
- Direct
- Indirect
- Harassment
- Victimisation
These can of course strike young and old alike.
On the other hand, it is the older worker who is affected by changes to retirement. It is no longer possible to force someone to retire simply because they are 65. There must be some other justification. This is a two edged sword: the age of older workers is no longer relevant but their performance takes centre stage.
Frequently Asked Questions
Q Can a company ask for my date of birth ?
A This is not in itself unlawful but may indicate discrimination.
Q Does the law cover partners or agency workers ?
A Yes. The scope is very broad. A company must even protect contractors.
Q What if a company thinks someone over 65 is under performing ?
A There is no right to a job for ever. The company must however justify its decision and behave reasonably.
