Employment Equality (Age)
The Employment Equality (Age) Regulations came into force in October 2006, and makes it unlawful for you to be discriminated at work on the grounds of your age, or perceived age.
There is a wide range of other legislative provision which is related to age discrimination including:
- The Employment Rights Act 1996
- The Human Rights Act 1998
- Pensions Act 1995
- Protection from Harassment Act 1997
- The Health and Safety at Work Act 1974
Ageism is defined as, 'action that disadvantages an individual because of their age on the basis of assumptions, misconceptions or stereotyping about age and ability, and hinders the proper consideration of an individual's talents, skills, potential and experience' It can be used to the detriment of people of any age and occurs throughout the whole employment lifecycle.
Discrimination
The Employment Directive defines age discrimination as follows:
Direct
Direct age discrimination can be said to have occurred when one person is treated less favourably than another on the ground of age alone. In presenting this definition, the Directive seeks to prevent such discrimination in employment, self-employment and training. It suggests circumstances when such difference in treatment could be objectively justified by an over-riding legitimate aim and the means of achieving that aim are appropriate and necessary.
Indirect
Indirect age discrimination is said to occur where an apparently neutral provision, criterion or practice would put persons of a particular age at a particular disadvantage compared with other persons. Again the Directive suggests that some indirect discrimination could be objectively justified by a legitimate aim and the means of achieving that aim are appropriate and necessary.
Harassment
Harassment is a form of age discrimination in the field of employment is defined as unwanted conduct that takes place with the purpose or effect of violating the dignity of a person or creating an intimidating, hostile, degrading, humiliating or offensive environment.