Age discrimination jargon buster
County Court (England, Wales), Sheriff’s Court (Scotland)
Cases of age discrimination by providers of education and training are sued in these courts.
Direct discrimination
Treating a person less favourably because of their real or assumed age. Discrimination can be direct even if it is subtle or implied rather than explicit.
Employment tribunal
Where cases of age discrimination by an employer are heard.
Fair retirement procedure
Procedure and timetable for notifying an employee of an intended retirement date, the right to request to stay on longer and the employer’s duty to consider this request.
Genuine occupational requirement
If it can be proved that a job must be done by a person with particular (GOR) age characteristics discrimination will be legal.
Grievance procedure
Every employer must have a grievance procedure setting out how an employee should complain to them about problems at work.
Harassment
Conduct or a working environment which is offensive, humiliating, intimidating or violates your dignity.
Indirect discrimination
Having a policy, practice or criteria which, even when its applied to everyone, puts people of particular ages at a disadvantage.
Justifiable discrimination
Sometimes discrimination may be accepted as justifiable if it is to help achieve a reasonable aim. The discrimination has to be in proportion to what the employer or training provider needs to achieve.
Lawful discrimination
The law allows that in some specific situations direct or indirect discrimination (but never harassment or victimisation) may sometimes be legitimate.
National default retirement age Unless an employer sets a different retirement age, it is assumed to be (NDRA) 65 years old, by default. Whatever age is set it is not compulsory.
Too young or too old?
There are new rules to protect you from being discriminated against at work or on training because of your age. 'Too young or too old' gives an overview of the law.
Positive action
Some discriminatory measures to encourage a better age balance in employment or training are legal.
Questionnaire
You can send your employer a list of questions to gather background information relevant to your case. The employer has eight weeks to respond but may challenge the relevance or practicality of questions.
If they don’t reply this can often count against them at tribunal.
Statutory authority Other laws with an age restriction can override this law, for example where licensing laws justify restricting bar jobs to those over 18.
Victimisation Penalising or putting at a disadvantage someone who complains or gives evidence about age discrimination.
