An employer's changes to employees' terms and conditions that disadvantaged older employees was a provision, criterion or practice that could amount to indirect age discrimination.
Where multiple parties involved in firing an employee, employers should make sure the reasons are not directly discriminatory.
Employers should take care to minimise the risk of potential age discrimination claims by not discussing an employee's age and possible retirement unless justified in the circumstances. Legal Alert, April 2013.
Employers awarding different severance payments to workers according to their ages must be able to prove it is a proportionate means of achieving a legitimate aim, following an Employment Appeal Tribunal ruling. If they can't, they could risk age discrimination claims. Legal Alert, March 2013.
Directors' Briefings and Start-Up Briefings are four-page guides written for the busy practitioner, director and entrepreneur providing concise, practical advice on core business issues.
Discrimination against employees on any grounds other than their ability to do the job is a bad idea — and could also be illegal. If an employee or potential employee brings a discrimination case against your business, you could be tied up in costly and time-consuming legalities for months. If they win, you could be liable for unlimited damages.
Employment law is a complex area that is full of pitfalls. Getting it right means keeping in touch with developments, thinking out your policies and implementing them with care.
Although some employees and employers can now choose to follow an alternative dispute resolution procedure, most employee complaints are still heard at an employment tribunal. You need to take tribunals seriously. If you have well-thought-out procedures, and follow them, you can prepare good evidence, making it easy to defend your actions.
Age at work: How should employers prepare for an ageing workforce
Advice on how employers should provide for an increasingly older British workforce, in areas such as training, health care and retirement planning.
British companies are facing new challenges in relation to dismissing employees based on retirement age.
Time to make the right decisions
The article discusses British court cases involving dismissals alleged to result from age discrimination.
Age concerns: how the Equality Act affects individual rights in the workplace
Russell Jones and Walker Solicitors explain the protection given by the legislation, what behaviour is prohibited and the exceptions and exemptions.