Did you know that age discrimination is one of the most common forms of unfair treatment in the workplace? Employees are protected against ageism and it is the employer’s responsibility to address this if an issue occurs, even if it is unintentional. Here’s how to address and handle age discrimination in the workplace for both employees and employers and how Premier Legal can help.
What is Age Discrimination at Work?
Age discrimination, also known as ageism, refers to unjust or prejudicial treatment of people based on their age. No matter the age, age difference or perceived age difference, people of all ages can be affected.
Also, even if an employee isn’t on the receiving end of the discrimination but is still impacted by it, this is seen as harassment. Ageism can have an effect on all employees’ dignity at work or working environment.
What Protects Employees From Age Discrimination?
The Equality Act 2010 legally protects employees from ageism in the workplace and can provide appropriate legal action for victims. Protection starts from the recruitment process and is then carried through to the workplace environment, training, promotions, and other unfavourable treatment.
There is an exception in the law which applies to age discrimination only where ageism can be ‘objectively justified’. Employers do not have the freedom to discriminate against older employees or force them to retire at a default retirement age, but employers can make decisions based on someone’s age in certain circumstances.
Examples of Age Discrimination at Work
Recruitment
- Employers asking health questions in job applications and using this information against candidates
- Creating job adverts biased towards one age group over the other
- Treating someone of a different age less favourably than another candidate
Workplace Environment
- Offensive jokes or comments made about age, abilities or skills
- Treating someone of a different age less favourably than another employee
- Provision, criterion or practice putting other employees of the same age or age group at a disproportionate disadvantage
Training & Promotions
- Offering training courses only to recent graduates rather than older employees
- Exclusion from promotion opportunities
- Refusing to promote an employee as they are perceived to be too old
How Employers Can Handle Ageism in the Workplace
One of the main things employers need to help address and handle age discrimination in the workplace is to have clear policies and to make sure the entire team is aware of them. At Premier Legal, we can help employers with their employment policies and procedures, so get in touch with us today.
Employers can also make a conscious effort to tackle ageism right from the start during the hiring process. This way, they are actively creating an equal environment for all protected characteristics including age.
Address & Tackle Complaints Immediately
It’s important to note that whenever biases or age discrimination issues arise, they should be acknowledged and dealt with straight away. This reduces the risk of the problem escalating and shows that the organisation is dedicated to maintaining an exclusive workplace.
Undertake Internal Investigations
The claim or complaint must be taken seriously and a thorough internal investigation should be conducted promptly. Ideally, the investigator will be experienced in handling discrimination issues with an objective and neutral approach. Evidence and statements should be collected from the complainant, accused and any witnesses.
Create a Detailed Report
After gathering evidence, a report should be created detailing the findings and recommended actions moving forward. This may include taking disciplinary action, updating company policies or conducting training sessions with the team to raise awareness. Not only should the employee affected by the discrimination be informed of the findings, but they should be kept up to date throughout the entire process.
Age Discrimination Claims From Employees
As an employee, if you are unhappy with the way your employer has addressed and handled age discrimination in the workplace, you would be able to take your claim to an employment tribunal. Give the employment law experts at Premier Legal a call today to see if we can help you.
