AGE DISCRIMINATION LAW - SOLICITORS COMPENSATION CLAIMS
Nearly 20 million people living in the UK are over the age of fifty. It is a segment of the population that will continue to grow as advancements in medicine help ensure that people are not only living longer but are also healthier into their older age. As a result, people over the age fifty are not retiring as early as they used to. Being in good health, the older generations are continuing to work for longer.
Unfortunately, workers over the age of fifty are often the target of age discrimination. Some employers hold age-based prejudices, making them unwilling to hire those fifty and older. Also, there are far fewer employment opportunities for those over the age of fifty than there are for those in lower age brackets. The government has recognised a need to implement legislation in the form of age discrimination law.
Note, however, that it is not only those over fifty who face age discrimination which is a serious employment issue that affects employees of all ages.
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All employees are protected by age discrimination law which does not require that an employee be of a certain minimum age to enjoy the benefits, nor is there a maximum age at which the employee loses their legal protection. Employers who violate these age discrimination laws can face stiff financial penalties. The victim of age discrimination can bring a claim against the employer and receive an unlimited amount of damages.
There is one exception made for the application of age-related criteria for employment. An employer will not be considered to be practicing age discrimination if they can provide justifiable grounds, based on objective evidence, for the minimum or maximum age requirement they have in place.
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The issue of age discrimination is not as straightforward as it might seem. It is far more complicated than the mere case of an employer refusing to employ someone because they don’t want to work with someone who is over or under a certain age. Some of the numerous issues related to age discrimination include :-
The law prohibits any employer from recruiting potential employees based on their age. The only factors which can be considered are the applicant’s qualifications.
There is no longer an upper age limit on any employee’s redundancy rights or on which employees can bring an unfair dismissal claim.
An employee has the right to request that they be allowed to work beyond the compulsory retirement age of sixty-five. The employer is obliged to consider that request. The employee must provide six months notice of their intended retirement date.
Length of employment and experience can still be used as a factor in the amount of pay and type of benefits an employee receives. However, in order to be valid, neither length of employment nor experience may be linked to age.
The amount of redundancy payments a terminated employee is to receive is currently calculated based on that employee’s age. In place of this age-based calculation, there is a proposal that the redundancy payments instead be equal to one week’s salary per year of employment. The proposal also includes a cap on the amount of payment which can be received.
The “last in, first out” criteria for determining which employees to let go in a redundancy situation has been made illegal. This law provides protection to people of all ages, but it primarily benefits younger workers.
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All of our panel solicitors are specialists in employment law with particular expertise in the area of age discrimination. They provide their clients with a fair deal by utilising a no win no fee payment scheme. Under a no win no fee payment scheme, your solicitor only gets paid if you win your case and receive compensation. Legal representation can be provided to citizens located throughout the United Kingdom. For free legal advice from a qualified employment law solicitor, just use the helpline or email our offices. The advice is completely free and you are under no obligation to use our services.
SOLICITORS HELPLINE 0844 332 0018