Discrimination in the Workplace

Feb 24 2010 By Poole Alcock

Discrimination comes in many forms and in recent years the law has worked hard to ensure that employees are protected as much as possible from all forms of discrimination. Two of the most prevalent for the older employee are that of age discrimination and disability discrimination.

Whilst age discrimination in the work place does not only affect older employees it is something that employers need to take great care in considering. People aged fifty and over account for over twenty million of the UK’s current population. With this figure expected to reach twenty seven million by 2030 employers will find themselves having far more older than younger workers in the workplace. In addition people are now living longer lives with many pensions not being sufficient to cover longer retirement periods leading to people needing to continue to work.

The Employment Equality (Age) Regulations 2006 have come into effect giving employees protection against discrimination on the grounds of age. The regulations also introduce a default national retirement age of sixty five with employees having the right to request to work beyond that age. It is now unlawful to discriminate against workers, employees, and jobseekers on the grounds of age.

The discrimination can be direct; by treating a person less favourably than others because of their age. It can also be indirect discrimination, for example if your employer were to apply a criterion, provision or practice which disadvantages people of a particular age. An employer can be liable unless their decision can be objectively justified. The discrimination laws also cover harassment by way of unwanted conduct which violates a person’s dignity or creates a hostile, humiliating, or offensive environment. Victimising someone on the grounds that they have made or are intending to make a complaint or alternatively intend or have given evidence in relation to a complaint of age discrimination can also lead to a claim.

In terms of Disability Discrimination again it is not something that only affects older workers, however as you get older health issues do become more common. Being disabled covers a wide range of circumstances including people with long-term health conditions, such as diabetes, those with progressive conditions, such as multiple sclerosis or those who have been diagnosed with HIV, cancer and multiple sclerosis. It also includes people with learning disabilities, mental health conditions or those who have mobility, sight or hearing impairments.

The Disability Discrimination Act 1995 provides protection from discrimination in a range of areas and means that employers must not directly discriminate against a person because of a disability and that they must make reasonable adjustments in the recruitment and employment of disabled people. This can include for example, adjustments to recruitment and selection procedures, to terms and conditions of employment, to working arrangements or physical changes to the workplace or equipment.

If you feel you have been discriminated against in any way it may be possible for you to bring a claim to an Employment Tribunal. However, it may be best to talk to your employer first to try to resolve the matter informally, reducing the cost and stress to everyone involved.

For further information/advice please call freephone 0800 389 7093 and ask to speak to a member of our Employment Department.