Age discrimination significantly impacts employees’ careers and well-being in the workplace. However, the United Kingdom has stringent regulations and laws in place to protect employees from this type of discrimination. In this article, we will explore employee rights in cases of age discrimination and discuss the steps that can be taken if these rights are violated.

 

Employee Rights in Cases of Age Discrimination

 

Equality Act 2010

The Equality Act 2010 serves as a primary legal tool to combat workplace discrimination. According to this act, employers must not discriminate against employees based on age. Notably, key points include:

• Prohibition of Discrimination: Employers cannot discriminate against employees or job applicants based on their age. This applies to both younger and older employees.

• Job Advertisements: Job advertisements cannot include age-related requirements unless there is a legitimate job-related reason for doing so.

• Right to Equal Treatment: All employees have the right to equal treatment, regardless of their age. This includes both the recruitment process and the terms of employment.

Compensation for Discrimination: Individuals experiencing age discrimination have the right to seek compensation from their employer.

 

Employment Rights Act 2006

The Employment Rights Act 2006 introduces additional safeguards against age discrimination. Consequently:

• Termination of employment based on age is prohibited.
• Employees who feel discriminated against due to their age have the right to seek compensation from their employer.
• Employees are entitled to participate in training and advancement programs, irrespective of their age.

 

Examples of age discrimination cases

Concrete instances elucidate potential repercussions for employers engaging in age discrimination. For instance:

1. Leslie Bell Case (2019): Leslie Bell, a 66-year-old engineer, was dismissed by his employer, arguing he was too old for new technologies. Consequently, the court deemed it a clear age discrimination case, awarding Leslie compensation.

2. Smith vs. Smith’s Corporation Case (2017): Smith’s Corporation denied a promotion to a 50-year-old employee, citing he was too old. Subsequently, following a court investigation, the employee received a promotion and financial compensation.

3. Senior Workers Union vs. Retail Giant Case (2018): The Senior Workers Union accused a retail corporation of systematic discrimination against older workers. As a result, the court granted compensation and imposed an obligation on the company to improve its practices.

 

Steps to take in cases of age discrimination

1. Gather Evidence:
Carefully document every incident you consider to be age discrimination. Record dates, times, locations, individuals involved, and any witnesses. Evidence in the form of emails, notes, and other documents is crucial.

2. Talk to Your Employer or HR:
If you feel discriminated against, have a conversation with your immediate supervisor or the human resources department. Try to resolve the matter internally. Employers are obligated to investigate and address discrimination complaints.

3. Consult with a solicitor:
If internal discussions do not yield results or if the situation worsens, consult with a lawyer specializing in employment law. Lawyers can help you understand your rights and assist in taking further legal steps.

 

Conclusion

In conclusion, employee rights in cases of age discrimination are clear and specific. No one should face workplace discrimination based on age. Instances of discrimination should be taken seriously, and employees have the right to seek compensation and justice. Victims of age discrimination should not hesitate to take action by collecting evidence, engaging with relevant parties, and seeking legal assistance if necessary. Upholding these rights contributes to a fairer and more equitable workplace.

Need help?

If you need further information or assistance regarding age discrimination, consider consulting Optimal Solicitors employment law department.
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