The Equality Act 2010 has sought to end worker’s age discrimination in the workplace. This act states that “no one can be treated unfairly or denied any job opportunity because they are above, or, below a certain age or age group”. An indication that no one can be denied any right based on their age. Howver, age discrimination can come in different guises.
Example One: During the recruitment of a prospective employee; the candidate, having fulfilled all professional requirements and technical capacity in accordance with the requirements of the role, it is unlawful to be refused the role on the grounds of the candidate being too old or too young. Whilst, an employer has the right to ask for the candidate’s age it is not to be used against them.
Example Two: During the promotion and transfer of an employee, the policies regarding promotion and transfer are required to be the same for every employee irrespective of their age. If an employee is qualified for a promotion or transfer, age cannot and should not impact their chances of success.
Example Three: Forced retirement. Previously, 65 was considered the retirement age for every employee, this was abolished in 2011. Now each employee can retire when they choose to do so.
Knowing your rights in the workplace is key to protecting them against age discrimination
Tom Street qualified as a solicitor in 2003 and has over 20 years experience in employment and litigation law. He studied law at the University of Manchester before undertaking the legal practice course at the College of Law in Guildford, going on to complete his legal training at a firm in Chancery Lane, London. Once fully qualified, he moved to a niche litigation practice in the City of London.
In 2010, Tom set up his own legal practice, Tom Street & Co Solicitors and as part of this, in accordance with his strongly held objective to provide everyone with an easy pathway to justice he established the online portals Do I Have A Case? and Tribunal Claim. These websites are trading names of Tom Street & Co Solicitors.
