Age Discrimination Solicitors
If you believe that you have been treated unfairly, less favourably or generally differently at work because of your age, our age discrimination solicitors in Bristol may be able to help you claim against your employer.
We advise employees across the UK from our offices in Bristol and the surrounding area in Bedminster, Bishopston, Bristol city centre, Kingswood and Thornbury.
What is age discrimination?
Age discrimination, also known as ‘ageism’, is when you feel you have been treated unfairly, unfavourably, or less favourably or placed at a particular disadvantage as a result of your age. It affects people old and young and is not limited to the workplace; age discrimination happens in many aspects of everyday life, such as in the media or healthcare settings.
Age is one of nine protected characteristics in the Equality Act 2010. This means that employees are protected against ageism in the workplace, but unfortunately, age discrimination at work still happens.
Examples of age discrimination
Age discrimination can happen to anyone and at any point in their working life, but some of the most common types of ageism at work include:
- Having a job application rejected for being too old or young.
- Being refused an opportunity for promotion based on age, rather than experience or merit.
- Being chosen for redundancy because you are older than other candidates.
- Being harassed or victimised due to age.
- Assumptions are made about retirement.
Generally, there are four types of age discrimination:
- Direct discrimination: when you are treated less favourably than another person because of your age.
- Indirect discrimination: when a practice, policy or rule at work disadvantages people in your age group (for example, only offering a training course to recent graduates) or a job advert specifies that applicants must have a set number of years’ experience without the means of achieving a legitimate aim.
- Harassment: you are degraded or humiliated because of your age.
- Victimisation: when you are treated badly after making a complaint about being discriminated against (or even supporting someone who has complained).
Not all cases of age discrimination fit perfectly into one type of discrimination, and some will involve more than one. Unfortunately, sometimes employees do not realise that their experiences at work could be classed as age discrimination straight away; for example, putting comments about their age down to ‘banter’ rather than harassment.
How our age discrimination solicitors can help
If you have been treated less favourably or have been subject to harassment because of your age, our age discrimination lawyers may be able to help. Our specialist Employment Law team will listen to what has happened and advise you on the next steps. We will provide straightforward advice and support you through the whole process.
To speak to a member of our team, call 0117 325 2929 or fill out our online enquiry form.
Our expertise in age discrimination claims
Our age discrimination solicitors support employees across the UK from our offices in Bristol and the surrounding area, in Bedminster, Bishopston, Bristol city centre, Kingswood and Thornbury.
Our expert team has a wealth of experience in discrimination claims and a range of other employment-related matters such as redundancy, unfair dismissal, constructive dismissal and settlement agreements.
We pride ourselves on offering advice that is practical and tailored to your situation. We take the time to listen to your experience and work to achieve the best possible outcome for you.
If your age discrimination claim cannot be dealt with via mediation as part of the employment grievance process, our employment solicitors will support you at an employment tribunal.
Age discrimination FAQs
Ageism in the workplace is most likely to happen in the following circumstances:
- Recruitment.
- Promotion/lack of career progression.
- Pay.
- Training and development opportunities.
- Redundancy.
- Retirement.
- Dismissal.
- Flexible working.
If you believe you have been treated unfairly because of your age, you should first raise your concerns with your employer (e.g. your manager and/or HR team) to give them the opportunity to resolve it internally. Your employer has to respond to this request.
If this doesn’t work, or you aren’t satisfied with the outcome, the next step is usually to start the formal grievance process. Your employer will have its own procedure to follow (normally found in the Staff Handbook) but you can also follow the ACAS Code of Practice.
If the conduct is such that you feel unable to continue with your employment, it is sensible to seek advice from a specialist age discrimination solicitor at this stage before any grievance is raised. It may be appropriate to explore other claims at this time, including constructive dismissal.
Alternatively, if you have followed the formal procedure, and you are not happy with the result, you should speak to our specialist age discrimination solicitors as soon as possible.
We will advise you on what to do next, which usually includes going through the ACAS Early Conciliation Process and attempting to settle things with your employer through mediation.
Normally you have three months less one day from the last act of discrimination to start the Early Conciliation Process.
It is not uncommon for acts of age discrimination to spread over a longer period of time, but the tribunal will need to consider whether some acts should be grouped together as part of a continuing act, or whether they are unconnected, and occurred as standalone events. Alternatively, the tribunal may decide that it is just for it to extend the time for making the age discrimination claim. Your lawyer will discuss time limits with you but it is important to seek advice as soon as possible to avoid being restricted by tribunal time limits.
If conciliation fails, we can advise you on claiming at an employment tribunal and, if that’s the case, our employment solicitors can support you throughout the whole process.
Even if your dispute is settled through conciliation, it is unlikely that you will want to continue your employment with that organisation. Our lawyers can look to secure a reference, confidentiality agreement and settlement agreement to assist you draw a line under matters with your former employer and assist with your future job search.
If your claim is successful, you may receive compensation from your employer.
Many people feel nervous about claiming against their employer, but it is important to remember that age discrimination is against the law and your action may help ensure this doesn’t happen to anyone else.
There are some circumstances where different treatment because of age may be allowed, such as:
- Pay and benefits linked to length of service with the employer.
- Redundancy pay.
- Where the organisation cannot employ people under 18, e.g. bar staff serving alcohol.
- National Minimum Wage (the law allows different rates of minimum pay for those under 25).
- Pensions.
- Occupational requirements, e.g. Police Officers must be between 18 and 60 due to the physical demands.
This area is incredibly complex but if you believe that you have been discriminated against because of your age for no good reason, get in touch.
Contact our age discrimination solicitors in Bristol
If you have been treated unfairly or dismissed due to your age, our employment lawyers may be able to help you make an age discrimination claim.
To speak to our friendly team, call 0117 325 2929 or fill out our online enquiry form.