What is age discrimination?
Age discrimination is when a person is treated less favourably than another at work by your Employer or other Employees, based on your age.
Overview of age discrimination
The Equality Act 2010 (TEA 2010) prohibits discrimination against age. Discrimination based on age is known as ageism, such as being part of a particular age group.
How does age discrimination happen?
You can be discriminated against based on your age in different working activities: you may be discriminated against during the recruitment process. Comparably, the Company hiring you should clearly explain the level of professional qualification you are requested to have, rather than judging you based on your experience.
Your Employer should not assume what training you can or cannot undertake based on your age. This means that they cannot take for granted your career ambitions because of your age or work experience, nor they should underestimate you because of these reasons.
Your Employer should not decide or suggest when you should stop working, meaning that your employer cannot ask you to retire only because of your age. The Equality Act and the pension scheme are the legislation you must rely on when deciding to stop working. Even if you are of pensionable age under these acts, you may continue to work if you so choose.
A Company can legally base its redundancy policy according to the length of time you have worked for them. Also, the Employer shall pay you according to the National Living Wage, which can differ based on your age. Your pay can be withheld only if there is a clear clause in your employment contract that allows so.
How to claim age discrimination
It is always better to informally talk to your manager and if that does not work, the best thing to do would be to write a formal complaint to the HR department. If the issue is not solved, you could then bring a claim for age discrimination to the Employment Tribunal. Our advisers will assist you during the process, so please remember that you are not alone.
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