Employment Law – Age Discrimination

I found this article relating to Employment Law which I thought may be of interest. So here it is for you

Currently in the United Kingdom it is against the law to discriminate against anyone due to their age when searching for employees. Employers should make sure that they have a fair employment policy that does not discriminate against peoples age this will included part of the recruitment selection process, working  employees pay, any training, promotion, how discipline and grievances will be worked out and how employers deal with cases of bullying and harassment.

It is possible for employees can claim for unfair dismissal at any age and they will also have the right to redundancy pay. Employers cannot force someone retire if they are under the age of 65 and employees have the right to request to continue to work after the age of 65 if they desire. By a new law starting in April 2011, there will be no compulsory retirement age and it will be illegal to force someone to retire at any age.

In the Equality Act 2010 it states that it is illegal to discriminate against employees or potential employees because of their age. This would include any direct or indirect discrimination, harassment or victimisation, and these cases will be taken very seriously if an employee accuses a employer of it. The Equality Act also states that there is no age limit to file for an unfair dismissal, the retirement age has been raised to 65 and forced retirement will be regarded as illegal if given to an employee before they reach the age of 65. Employees have the right to request to continue to work after they turn 65.

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Employers can ask to see a potential employee’s date of birth on their application. They will have to make sure that they do not use the potential employees age to determine whether they will get the job or not.

The new equality regulations cover all workers including public sector workers. The regulations cover many factors such as the right to be a member of a trade union, using any careers advice services and working through employment agencies.

The regulations also aim to protect jobseekers that are looking for work at organisations or who already works for an organisation. This will included if you are employed under a contract, employed directly by an organisation or through an employment agency. If you have to work in another employer’s premises, it will be up to them to manage the behaviour of their staff towards you.

Employees or a jobseekers that believe they have been discriminated against because of their age may want to consider bringing their case in front of an employment tribunal. It would be advisable to try and talk to your employer or potential employer and try to resolve the issue out of court. If matters cannot be resolved by approaching your employer you may want to consider an alternative dispute resolution (ADR) process like mediation. An employment tribunal should be a last resort as it is more likely to have a serious negative effect on the relationship between you and your employer.

I am a legal writer covering advice on topics of law including employment law, for further text and similar works visit http://www.lawontheweb.co.uk/Employment_Law/Workplace_Discrimination_and_Harassment or contact a solicitor at www.lawontheweb.co.uk/Employment_Law/employmentsolicitors.For more legal advice and information, and for free legal resources visit lawontheweb.co.uk.
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