Age Discrimination

What is AGE DISCRIMINATION?

Age discrimination is when you’re treated difference because of your age, in one of the following situations:

• in the workplace.
• using public services like healthcare or education.
• using businesses and other organisations that provide services and goods.
• using transport.
• joining a club or association.
• in contact with public bodies like your local council or government departments.

It could have happened only the once, or because of a policy or rule based on age.

However, there are some exceptions. Being treated differently because of your age may be lawful for the following reasons:

• belonging to a particular age group is essential for a job: this is called an occupational requirement.
• an organisation is taking positive action to encourage or develop people in an age group that is under-represented or disadvantaged in a role or activity.
• your employer has set a compulsory retirement age that it can clearly justify in respect of your role: this is known as objective justification.
• the circumstances fall under one of the exceptions to the Equality Act that allow organisations to provide different treatment in employment or services based on age.
• a service provider is making age-related concessions and benefits.
• the financial services sector (e.g. banks, building societies and insurance companies) is using age limits when deciding what services to offer.

Types of age discrimination

There are four different types of age discrimination:

• direct discrimination
• indirect discrimination
• harassment
• victimisation

Direct discrimination

This is when you’re treated worse than someone else in the same or similar situation because of your age. Direct discrimination based on age is allowed if the organisation or employer can prove there is a good reason for the discrimination – this is called objective justification.

indirect discrimination

Indirect discrimination is when an organisation or employer has a particular policy or way of doing things that has an impact on you because of your age. This is illegal unless the organisation or employer can give a good reason for what they have done. Just like direct discrimination, indirect age discrimination is allowed on the basis of objective justification.

harassment

Harassment happens when you’re treated in a way that makes you feel humiliated, offended or degraded. Harassment is always wrong, but if an organisation or employer can prove it did everything possible to prevent its staff behaving in a discriminatory way, you can’t make a claim for harassment against it. You could however make a claim against the harasser.

victimisation

Victimisation is when you’re treated poorly because you’ve made a complaint about discrimination.