If you believe you are being treated unfairly by your employer or work colleagues because of your age, you may have a claim for age discrimination. Please contact one of our advisers to discuss this. The Employment Tribunal has very strict time-limits for makings claims; usually three months less one day from the date of your complaint. It is therefore important you seek advice as soon as possible.
It is unlawful for your employer to discriminate against you because of your age.
What is Age Discrimination?
There are 3 kinds of unlawful age discrimination. These are:
- Direct discrimination. This is where you are treated less favourably because of your age. For example your employer may think that, because of your age, you are not suitable for promotional opportunities; or select you for redundancy over your colleagues.
- Indirect discrimination. This is where your employer operates a rule, procedure or practice that significantly affects you because of your age. For instance, a rule that only employees with over twenty years experience are eligible for a bonus would potentially discriminate against younger employees.
- Victimisation. This is where you are victimised because you have raised an issue of age discrimination to your employer or to the Employment Tribunal. For example if you complained to your employer that you had been bullied by a colleague because of your age and, as a consequence your employer dismisses or demotes you.
Who do I claim against?
If you have suffered discrimination, you can bring a claim against your employer and the person who has discriminated against you.
Who can bring a claim for unlawful age discrimination?
There is no requirement for you to have been employed by your employer for any length of time before you can bring a claim for age discrimination. There is no need in fact for you to actually be an employee. You can bring a claim for unlawful discrimination if for example:
- You have been turned down for a job because of your age
- You are not actually an “employee” but a “worker” providing services to your employer. For instance, you may be self-employed; or
- You are not provided with a reference from your old employer because you had complained of age discrimination whilst you were an employee.
If you have been discriminated against an Employment Tribunal may award you compensation. This is usually compensation for any losses you may suffer (e.g. loss of earnings if you are dismissed) and an award for injury to feelings. There is no limit to the amount of compensation that can be awarded for age discrimination.
In order to submit a claim to the Employment Tribunal for age discrimination the claim must be submitted within three months less one day from the date of the incident complained of. If you consider you have been subjected to age discrimination, please do not hesitate to contact your nearest Ringrose Law Office in Boston, Sleaford, Grantham, Newark, Lincoln or Spalding and ask for a member of the Employment Law Team.