Since 1st October 2006, the Employment Equality (Age) Regulations 2006, have made it unlawful to discriminate against a worker on the grounds of their age.

It is also unlawful to discriminate on the grounds of age in any aspect of the employment contract. The act also applies to recruitment, terms and conditions, promotion, transfers and training. The age limits which prevented older workers from bringing claims for unfair dismissal and redundancy have now been removed.

There are provisions relating to retirement of employees and procedures to ensure that retirement is fair. A fair retirement will be one that is to take effect on or after the default retirement age of 65 years of age, or the employers normal retirement age if different. An employee must generally be given written notice by his employer (at least six months in advance, but no more than 12 months), before the intended retirement date and be informed of their right to request to continue to work.

Direct Age Discrimination is the most obvious type of discrimination and occurs when an employer, without justification, treats an employee less favourably because of his age than another employee in similar circumstances.

Indirect Age Discrimination is a less obvious form of discrimination, but occurs where for example an employer imposes a condition, practise or requirement on all employees, which has a disproportionate and unjustifiable impact on one group of employees.

In certain circumstances it may be lawful for an employer to discriminate on the grounds of age where there is for example a genuine occupational requirement, or one of the specified exceptions or exemptions within the regulations, or an objective justification. Details of each of these, is beyond this very general overview of the subject, however, exceptions apply to occupational pension schemes, which allows employers for the most part, to offer different pension arrangements to existing and new employees. Age-based contributions and maximum age limits for membership to a pension scheme are permissible. Employers will not be able to set a maximum age for contribution to a pension scheme, but will be able to set a maximum number of years, which count as service towards the scheme.

It is unlawful under the Employment Equality (Age) Regulations 2006 to victimise a person by treating a person less favourably, where for example that person has complained of age discrimination or done a 'protected act'; e.g., an employee has given evidence to a Tribunal in support of another employee's claim that he has suffered discrimination on the grounds of his age.

Harassment in relation to discrimination claims on the grounds of age can occur when an employer or co-worker either intentionally or unintentionally violates another worker's dignity or creates an intimidating, hostile, degrading or offensive environment for the worker.

As an employee, you should be aware that if you feel that you have been discriminated against on the grounds of your age, then you must first bring the matter to your employer's attention through the company's internal grievance procedure, before commencing a claim in the Employment Tribunal.

There are strict time limits for commencing claims in the Employment Tribunal and Courts.

If you believe you have a claim for Age Discrimination against your employer please complete our Free Online Assessment Form, now. We will then respond to you usually within 48 working hours , including a free, initial assessment of your claim.

Alternatively if you prefer you can download a free initial assessment form from this site and send it to net employment solicitors, at the address on our contact page.