Age discrimination
People may be discriminated against at work simply because of their age. Young people may experience age discrimination by being belittled, passed over for jobs or being paid poor wages just because they are young, and older people may be denied jobs or refused work because an employer believes they are too old.
Equality is an important issue for UNISON. We campaign against age discrimination wherever we find it – just as we work to eliminate discrimination based on disability, sex, gender reassignment, race, religion/belief, marriage or civil partnership and sexual orientation.
Every member of our union can help promote equality and fight discrimination in their workplace – and that means considering how we treat each other as well as how employers treat us.
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How to prevent age discrimination
Age discrimination affects many people and can be deeply engrained in the workplace – young workers may be underpaid or belittled, older workers may miss out on jobs because of their age.
You can help change attitudes by:
- understanding, or developing, local policies on age discrimination;
- speaking out when age discrimination arises;
- encouraging managers to take a strong lead on age discrimination.
Equality Act 2010
The 2010 Equality Act combines previous discrimination and equality laws in a single act.
Less favourable treatment because of a person’s age is treated differently from discrimination on other grounds. If an employer can show that it is a proportionate means of achieving a legitimate aim, it will be able to justify less favourable treatment because of age.
In Northern Ireland, age discrimination is covered by the Employment Equality (Age) Regulations (Northern Ireland) 2006, which mirror the key protections found in the Equality Act 2010 in Great Britain
For example, a construction firm might be able to set a minimum age where this is necessary on health and safety grounds.
Age discrimination exceptions include:
- benefits based upon length of service – it is not age discrimination for an employer to provide certain benefits, facilities or services on the basis of length of service, subject to the qualification that after five years’ service, the employer will have to show that the length of service fulfils a business need (for example, by encouraging loyalty);
- minimum wage – it is not age discrimination to pay a young worker the lower minimum wage if that is the rate for which they qualify, this also applies for apprentices who do not qualify for the national minimum wage, as compared with those who do;
- redundancy – it is not age discrimination to provide an enhanced redundancy payment that is greater than that paid to another employee, provided that they are calculated on the same basis;
- insurance or related financial services – it is not age discrimination for any employer to limit access to insurance or related financial services to those aged under the later of the age of 65 / the state pensionable age. In Northern Ireland, the exception is limited only to life assurance provided after a worker takes early retirement on ill health grounds, in such cases it is not unlawful for such cover to end at normal retirement age or 65;
- childcare – it is not age discrimination to provide childcare only for children of a certain age. There is no equivalent exception in Northern Ireland;
- contributions to personal pension schemes – certain age-based criteria are permitted in respect of occupational pension schemes.
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Frequently asked questions
Legal disclaimer
The information contained within this article is not a complete or final statement of the law and is based on the laws of England, Wales, Scotland and Northern Ireland.
While UNISON has sought to ensure that the information is accurate and up to date, it is not responsible and will not be held liable for any inaccuracies and their consequences, including any loss arising from relying on this information. If you are a UNISON member with a legal problem, please contact your branch or region as soon as possible for advice, or for non-employment matters call UNISONdirect.