Age Discrimination Compensation
Have you been the victim of age discrimination in the workplace? Claims National are the age discrimination experts and can help you make a claim for compensation.
Age discrimination at work is unlawful in almost all types of employment. There are many situations which could be classed as age discrimination including if an individual is rejected from a position or forced to retire due to their age. Age discrimination is always unacceptable; if you have ever been the victim of it then it is important that you seek legal advice as soon as possible.
Age discrimination can be a very complex area. Here at Claims National we believe that knowledge is power, contact us NOW to speak to our employment law team who will be more than happy to provide you with FREE expert advice.
Age discrimination can arise when:
- Deciding who should be offered employment, such as short listing and interviews
- Relating to the terms in which employment is offered
- When employers refuse or deliberately omit to offer employment
- When access to opportunities for promotion, transfer, training or other benefits, facilities and services are offered.
Examples of the most common discrimination cases include;
- Someone who is not promoted because they are under the age of 25.
- Someone who is refused flexible working to look after their relative who is over the age of 70
- Someone who is prevented from attending a training session because they are over the age of 50.
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Age discrimination can occur in various different ways however; the main four types of discrimination include direct discrimination, indirect discrimination, harassment, and victimisation.
Direct discrimination can involve deciding not to employ someone, to dismiss them, withhold promotion, and denying benefits to a particular person.
Indirect discrimination is when a group of people, sharing the same characteristic are treated differently from everybody else. Indirect discrimination is harder to detect, and is less obvious than direct discrimination, as it applies to a group of people, rather than one particular person.
Harassment can be committed in two different forms; unwanted conduct, and less favourable treatment of an employee because of their age.
Unwanted conduct is when a person’s dignity is violated, or they are made to feel intimidated, degraded, and humiliated, regarding their age. This can be done by bullying, nicknames, threats, inappropriate questions, exclusion, and insults.
Finally, victimisation is when an employee suffers some form of disadvantage, damage, harm or loss because of their age, or for making/supporting/giving evidence in a complaint about discrimination.
You must be aware that the Age Discrimination in the Workplace Act does not refer to the National Minimum Wage. The National Minimum Wage that you are entitled to will depend on your age, and increases as you get older.
The Act does not apply when calculating statutory redundancy pay either, which is calculated by reference to age and the length of time that you have been working for the employer.
As an employer, it is part of your duty of care to ensure that discrimination does not take place at work, as well as implementing practices and procedures to resolve any discrimination issues that may occur. Failure to do so can enable the discriminated employee to make a claim for compensation, of which they may be able to claim up to a 4 years’ salary.
All employees should be made fully aware that discrimination will not be tolerated in the workplace, as it can have a massive negative impact on the victim’s life. Being discriminated at the workplace can make the victim’s feel degraded and humiliated, have low morale and productivity, have increased absences and could potentially gain work related stress illnesses.
It is significant for employers to have harassment and bullying policy in place, as discrimination in the workplace is at their liability. The employer must also ensure that all employees fully understand the policy, and feel that they can talk to somebody if they feel that they are being discriminated in any form.
These policies should be put in place in order to age discrimination in:
- Determining pay, and terms and conditions of employment
- Training and development
- Selection for promotion
- Discipline and grievances
- Countering bullying and harassment
- When an employee is dismissed.