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Age Discrimination

The Equality Act 2010 says that you must not be discriminated against because you are (or are not) a certain age or fall into a certain age group. Age discrimination can also apply if someone thinks you are (or are not) in a specific age or age group: This is known as discrimination by perception. Under the Equality Act 2010, age is considered to be a protected characteristic, making it specifically illegal to discriminate against someone on the basis of their age. But how might you be affected by age discrimination? And what can you do if you are a victim of age discrimination? Here’s everything you need to know:

What is age discrimination?

Age discrimination (sometimes known as ageism) is an umbrella term for a whole host of specific behaviours in which an individual is treated differently as a direct or indirect result of their age. Age discrimination can either affect individuals because of their age or because they fall into certain age brackets. Examples of age brackets include: Under 18, Under 25, and Over 70. Or more specific brackets such as 20-30 or 70-80. One in three people in the UK report having experienced age discrimination or age prejudice.

Some examples of age discrimination include:

  • Trying to visit the gym at 70 years old and being turned away because you are deemed too old for entry
  • Visiting your local corner shop and then being turned away because individuals dressed in school uniforms are not allowed to enter (this is an example of indirect age discrimination)
  • Booking a family adventure holiday, then having your booking cancelled because one of your party is over 65, and the organisers assume they wouldn’t be able to keep up with the rest of the group

Direct and indirect discrimination

Age discrimination falls into four main categories, all of which are protected by the Equality Act. These categories are direct discrimination, indirect discrimination, harassment and victimisation, and they all apply in the workplace. Direct discrimination is perhaps the most obvious and therefore the easiest to identify. Direct discrimination occurs when an employer clearly states that they will not employ or promote someone because of their age (usually because they are either too old or too young). Indirect discrimination excludes individuals of certain ages from employment roles or training opportunities but does not overtly state that they are excluded. An example of this is an employer offering a training scheme, but only offering it to recent graduates. In real terms, this means that those able to take advantage of the scheme are most likely to be in their early 20s and older employees are excluded from taking advantage of the opportunity.

Some examples of when direct discrimination would apply within the workplace include: not being offered a job because you are too young, or not being offered a promotion because you are too young. In both situations, you are treated differently as a direct result of a protected characteristic (your age). Direct age discrimination can also apply even if your age is not known: if someone treats you differently because you are perceived to have a protected characteristic (perhaps because you look older or younger than you are) then you would still be a victim of age discrimination, but this would be considered to be discrimination by perception. It is also important to note that direct age discrimination can also occur even when it is not your age that is being discriminated against. Direct age discrimination by association is the term given to when someone is discriminated against because they are associated with someone who has that characteristic. In a work environment, this could include being overlooked for promotion because your spouse has reached retirement age, for example.

Indirect discrimination may appear less clear than direct discrimination, but it is just as easy to spot. This is when an organisation has a blanket policy relating to age that will discriminate against some of their customers or employees by putting them at a disadvantage. Some examples of this include only offering training to new graduates (thus excluding older members of staff) or only inviting older team members to conferences and events. Whilst these blanket rules don’t target any individual staff member specifically, they still put certain individuals at a disadvantage.

It is important to note that there are some circumstances in which organisations are permitted to discriminate against individuals because of their age, either directly or indirectly: this is known as objective justification. If a person aged 17 is turned away from a job on a building site, for example, where they do not hire people aged under 18. If the site can demonstrate evidence that those under 18 statistically suffer more accidents on building sites than those over 18, this policy would be considered to be justified.

discrimination

Where does age discrimination usually take place?

Sadly, age discrimination can take place anywhere. An elderly person could be mocked for the way they walk as they’re getting onto a bus, or a mother could be heckled for being ‘too young’ whilst walking down the street pushing a buggy. But there are some situations in which age discrimination is more likely to occur than others. The most obvious location for problematic age discrimination is in the workplace, and there are many ways in which this can occur. Some of these are so subtle that they may go unnoticed, but when left unchecked this can grow into a much larger problem. Examples include:

  • Using discriminatory terms or phrases in job adverts may discourage applicants of certain ages from applying for the role. Unnecessarily asking for a certain number of years of experience might discourage younger applicants, for example, whilst older applicants would feel excluded by adverts looking for ‘new graduates’ or that use phrases such as ‘young and vibrant’ or ‘youthful and enthusiastic’
  • Once inside the workplace, making comments either directly related to an individual’s age or indirectly referring to their age would also be considered age discrimination. Suggesting that an older team member would struggle to understand new technologies or hosting events designed not to appeal to younger team members are both examples of this
  • Masking actions as being beneficial to an employee that in reality reduces their job role without justification. An older employee might be removed from an important project under the guise of ‘lightening their load’ for example, when in reality this is a key example of age discrimination
  • Encouraging team members to accept early retirement, even incentivising this with retirement packages. This is a sign that a business does not want older employees as a part of its team
  • Looking over team members for promotion based on age (this applies to any aged employee, who may be considered either too old or too young)

Whilst age discrimination most commonly occurs in the workplace, it is sadly also prevalent in other settings. Examples of locations where you may also experience age discrimination include:

  • Age discrimination can occur in medical settings, where medical professionals will talk to the parent of a younger patient, rather than directly to the patient themselves. This can also impact older patients, who find that the medical professional talks to their children rather than to them
  • In leisure and retail settings. Young people (teenagers in particular) are often treated differently or discriminated against in these settings as a direct result of the perceptions of their age. Examples of this are shops that won’t allow more than one teen to enter at a time, or that ban young people from wearing school uniforms
  • Discrimination from the police and other authorities based on age, in particular amongst young people who are often asked to disperse or not to gather in groups despite not acting illegally or breaching the peace in any way

What laws protect from age discrimination?

If you live in the UK then there are laws in place to protect individuals from age discrimination. The Equality Act 2010 makes age discrimination specifically against the law. The act states clearly that individuals cannot be discriminated against because they fall into a certain age or age bracket, because they do not fall into a certain age or age bracket, because they are connected to someone in a certain age bracket, or because they are perceived to be in a certain age bracket.

People are also protected from age discrimination in the public sector by the 2011 Public Sector Equality Duty act. This act stipulates that discrimination that is prohibited by the Equality Act should be eliminated and that equal opportunities amongst those sharing a protected characteristic (such as age) should be improved. This act also aims to encourage positive relationships between those of different protected characteristics – in the case of age, this means forging better working relationships between younger and older people.

Is it ever permitted?

As outlined above, discrimination on the basis of age is never permitted, but there are some circumstances where it is permitted to introduce age restrictions in the workplace. These are known as ‘objectively justified’ examples of age discrimination. Some key examples of this include:

  • Where certain fitness levels are required. If you wish to work as a personal trainer or firefighter, you will need to meet a minimum level of fitness and this may unwittingly exclude older people. You also cannot apply to join the UK forces above or below a certain age, largely because of the fitness levels required. This is considered justified because, without the required fitness levels, these services wouldn’t work well
  • Some companies offer holidays to particular age groups (Club 18-30 or Over 50s cruises are key examples of this) and those companies can request that their employees meet these same age criteria in order to work together with their clients
  • If a business is selling restricted items, such as cigarettes, alcohol, or fireworks, then they are permitted to request proof of age from anyone buying these products. This is not considered to be age discrimination
  • If a business offers age-related discounts (for example, reduced entry for under 18s or over 65s is common in leisure centres or cinemas) and someone requests one of these discounts then it is permitted to request proof of age. This is not considered to be age discrimination
  • In the sporting arena, where tournaments are organised based on the age of competitors, it is also permitted to ask competitors for proof of age
  • Within the workplace, paying the lower minimum wage to employees below the threshold to receive it is not discriminatory. Similarly, rewarding employees for their length of service (by offering discounts or gifts of recognition) is also not discriminatory, although this will tend to benefit older staff members

What to do if you are a victim

Sadly, anyone can be a victim of age discrimination, and this can leave you feeling vulnerable and unsure of what to do next. Luckily, there is support available, and there are ways in which you can proactively help yourself. If you feel that you have been the victim of age discrimination, particularly in the workplace, then you should:

  • Write down what happened whilst it’s fresh in your mind. Include details of exactly what was said and done, and anyone that was in the room at the same time
  • If there were witnesses, then approach them as soon as possible. Ask them if they witnessed the age discrimination take place, or if they have ever experienced it themselves. Record this conversation down too, if possible
  • Speak to your line manager to see if your concerns can be addressed internally. They may speak to the people involved and ask them to stop, if this is considered appropriate

If you feel that the age discrimination you have experienced is too significant to be dealt with internally, or if it takes place on a larger, organisational scale, then you may wish to raise an official complaint about the issues you are experiencing. The process for this is likely to vary slightly from business to business, but the following steps may be helpful:

  • Ask your manager, HR department or Union representative (if you are a member of a Union) for details of your business or organisation’s complaints procedure
  • Follow the complaints procedures reporting protocol. It is important that this is in a written format, but you may be asked to either send an email, a letter or to complete a specially formatted form. You should include as much information about the discrimination as possible here, making it clear why you are complaining. Do you have a desired resolution to your complaint – would you like an apology or for age discrimination training to be introduced in your organisation? Include this here too
  • If your mental or physical health is being affected by age discrimination in the workplace, then you should visit your GP as soon as possible. They will address this impact and may offer therapy or treatment
  • When your organisation responds to your initial complaint, this should include the next steps that you can take if you are still unhappy with the response. This may involve referring the complaint to the head office or the ombudsman for your industry
  • If the issue is still not resolved internally then you have the right to challenge it legally. The ACAS helpline is there to help anyone who needs workplace or employment law advice and they may be able to advise you if they feel you have a case. You may also wish to speak to Citizens Advice or approach a solicitor directly for help and support with making a case against your employer
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