Legislation update

Richard White, specialist employment solicitor at Withy King, considers some recent cases on age discrimination.


It has been nearly 18 months since the introduction of the Employment Equality (Age) Regulations 2006, which render unlawful any discrimination against employees on the grounds of their age.

As with most new legislation, it takes a while for people to become aware of their rights and for claims to filter through the tribunal process. However, there have now been several cases on the issue of age discrimination, from which lessons can be learned.

The facts:

Comment:

The moral of the story is that it is possible to discriminate against workers on the grounds of their age, whether they are young or old. Employers should always give careful consideration to the reason for treating employees in a particular way. It may be that an employer has a legitimate reason for dismissing an employee. However, if the reason for the dismissal is not made clear, then it will be open to employees to argue that age was either the sole reason for the treatment, or was at least a contributory factor.

Treating people less favourably on the grounds of their age will constitute age discrimination unless the employer can objectively justify the treatment, which will often prove difficult.


For further information on the above please contact Richard White at richard.white@withyking.co.uk