Losing your job is never easy, but when it happens because of your age, it can feel unjust and even unlawful. Unfortunately, age discrimination remains an issue in workplaces, despite the legal protections designed to protect employees. If you believe your dismissal was due to your age, here’s what you need to know about your rights and the steps you can take.

The Legal Framework: Equality Act 2010

Age discrimination occurs when someone is treated unfairly or differently in the workplace due to their age. This type of discrimination is illegal under the Equality Act 2010, which protects employees from being treated less favourably based on specific “protected characteristics,” including age.

Under this law, employers cannot dismiss, disadvantage, or mistreat you because of your age, unless they can prove that the action is a “proportionate means of achieving a legitimate aim.” This means the employer must justify their actions with a sound business reason that does not disproportionately harm employees based on age.

How Age Discrimination Can Take Form

Age discrimination can take many forms in the workplace. Dismissal based on age, for instance, might involve:

• Direct discrimination: For example, being dismissed because your employer thinks you’re “too old” or prefers younger employees.
• Indirect discrimination: For example, implementing policies or practices that disproportionately disadvantage older workers, such as mandatory retirement ages, without valid justification.
• Harassment: Offensive comments or behaviour targeting your age.
• Victimisation: Being mistreated after raising concerns about age discrimination.

If your dismissal falls into any of these categories, it could be unfair and age discrimination.

Challenging Dismissals and Seeking Justice

Age discrimination isn’t just a personal issue, it is a societal one. Standing up against discrimination not only helps you seek justice but also sends a clear message that unlawful treatment has no place in the workplace. By taking action, you contribute to a more equitable environment for all employees.

The first step in addressing age discrimination is often raising your concern directly with your employer. This can be done informally in a discussion or formally by submitting a written grievance. Clearly articulate your reasons for believing the dismissal was discriminatory and provide any supporting evidence, such as communications, performance reviews, or witness statements. Employers are legally required to handle grievances fairly and thoroughly, and this step may lead to a resolution without further action.

If your grievance doesn’t result in a satisfactory outcome, it may be time to escalate the matter. This often involves pursuing a formal complaint through internal procedures or considering legal action. Employment tribunals are designed to handle cases of unfair dismissal and discrimination, providing a structured platform to present your case.

Time limits for bringing a claim to an employment tribunal are strict—you generally have three months less one day from the date of dismissal to begin the process. Acting promptly is crucial, as missing these deadlines could mean losing your chance to challenge the dismissal.

While the idea of taking legal action can feel overwhelming, remember that you don’t have to navigate this process alone. An experienced employment solicitor can provide guidance, ensure you meet all necessary deadlines, and help you build a strong case.

Contact Us Today

For more information about making an age discrimination claim, call us on 01642 843 667; alternatively, complete our online contact form and one of our employment solicitors will be in touch.