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Age Discrimination

All employees are entitled to be fairly treated in the workplace. Fair treatment includes not being discriminated against because of your age and the law protects you from such discrimination.

As far as age is concerned, it is unlawful to:

  • discriminate against anyone, both directly or indirectly*
  • subject someone to harassment related to age
  • victimise someone because of age
  • compulsorily retire an employee*

*unless it can be objectively justified, meaning that your employer will have to show a valid reason for discriminating.

Definitions:
Direct discrimination - treating someone less favourably because of their actual or perceived age, or because of the age of someone with whom they associate.

Indirect discrimination - ­ where your employer has a policy, practice or procedure which applies to all workers, but particularly disadvantages people of a particular age.

Harassment - when unwanted conduct violates someone’s dignity or creates an intimidating, hostile, degrading, humiliating or offensive environment for them.

Victimisation - unfair treatment of an employee who has made or supported a complaint about age discrimination

You are protected both before and during employment, meaning that a prospective employer should not ask age-related questions on an application form. Contact us here for further information.

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