Equality - Age
EQUALITY ACT 2010 - Age discrimination
The Act makes provision for the Government to ban age discrimination against those aged 18 and over in services and public functions but the provision is still under consideration and it will be sometime before it is implemented.
Meanwhile the legislation protects all job applicants and employees from all types of discrimination listed in the Introduction to this section insofar as it relates to their age, whether young or old. Age discrimination affects all aspects of the employment relationship, including recruitment, training, promotion, redundancy and retirement.
Direct discrimination (e.g. job adverts) is less favourable treatment because of someone’s age and indirect discrimination (e.g. age restricted pension scheme) 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 or not it is intentional.
An employer will not be liable for age related discrimination where legislation stipulates age criteria that apply to a particular job (e.g. the requirement for a personal licence to sell alcohol)
In very exceptional circumstances there may be an “objective justification” for treating a person differently because of their age, i.e. demonstrating a proportionate means of meeting a legitimate aim. Where it is thought this situation might apply then professional advice should be obtained before taking any step in the process.
In broad terms employers must protect their employees from any age related discrimination in the workplace. Employers can be held liable for the discriminatory acts of their employees against fellow employees and consequently it is most important to ensure that all staff are aware of, and act upon, the employer’s policy on equality and non-discrimination.
Under the legislation individual employers can operate a compulsory retirement age if it can be objectively justified. In the case of Seldon v Clarkson Wright and Jakes the Court of Appeal ruled that "wanting to balance the workforce and provide opportunities for younger employees" could justify a mandatory retirement age. For more information click on to Retirement.
All PBS information sheets are designed to provide the detail you need to implement best business and employment practices. They are not a detailed commentary on the current law and where advice is needed in a specific case you should contact PBS for expert consultation.
Equality/age