Be warned: Age discrimination applies to younger workers too
Last updated 15:10, Friday, 04 July 2008
Employers can't afford not to be fully aware of the latest age discrimination laws, writes John Morris, of Burnetts Solicitiors.
AS the latest crop of student workers enters the summer jobs market, Cumbria’s employers should be mindful that age discrimination legislation applies to all workers, young and old.
Earlier this year, a Newcastle employer was ordered to pay more than £16,000 after discriminating against an 18-year-old-worker.
Leanne Wilkinson claimed that Springfield Engineering Ltd had sacked her because they had wanted an older person with more experience.
The tribunal agreed and said that her employer had relied on a “stereotypical assumption that capability equals experience and experience equals older age....age was the predominant reason for the decision to dismiss”.
Miss Wilkinson was awarded £5,000 for injury to feelings, approximately £5,000 for loss of earnings and two weeks’ pay because the company had failed to provide her with full written particulars of her employment.
The award was increased by 50 per cent because the employer had failed to follow statutory procedures.
In addition, the company was ordered to provide any prospective employers with a truthful reference stating that Miss Wilkinson’s dismissal was due to a breach of the age discrimination regulations, not that she was dismissed on capability grounds.
The Employment Equality (Age) Regulations 2006 make direct and indirect age discrimination illegal in an employment context, unless the treatment can be objectively justified.
The legislation applies to discrimination against young as well as older workers.
The Wilkinson v Springfield case was a reasonably obvious example of age discrimination.
Other examples might include:
Offering medicals only to the over 50s;
Advertising for someone to join a “young, dynamic team”;
Advertising for someone with more than 5 years’ experience or a specific qualification, unless it is a requirement of the job;
Requesting an individual’s age during an interview rather than as part of your equal opportunity monitoring or after they start work;
Believing that younger people do not have the competence for management and overlooking them for promotion.
Employers are also reminded that employees do not have to have worked for a specified period before they are entitled to bring a claim for discrimination.
John Morris is Burnetts’ Senior Partner and Head of the firm’s Employment Law department. To find out more about age discrimination issues, get in contact with John on 01228 552222 or visit www.burnetts.co.uk.
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