Age Discrimination Solicitors - Employment Tribunal Compensation Claims
Approximately one third of the UK population, more than 20 million people, are over the age of 50 years. With improvements in medical science the proportion of healthy older people continues to grow. Whilst age discrimination is not the exclusive preserve of this group, the legislation was principally drafted to protect their rights which have been eroded on a continual basis with those over 40 years old having difficulty in finding employment due to prejudice. If you belive that the regulations have been breached in your case you should take immediate advice from an age discrimination solicitor.
The 2006 age discrimination regulations apply to all employees with no upper or lower age limit. Direct and indirect age discrimination is unlawful subject to exception if the employer is able to provide objective justification for the prejudice. Breach of the regulations by offending employers makes them liable to pay unlimited financial penalties to the offended worker:-
- The default retirement age of 65 has been abolished.
- Recruitment on the basis of age alone is outlawed and employers are entitled to recruit only on the basis of ability to do the job.
- Pay and benefits are determined in relation to length of service or experience providing they are not linked to the employees age.
- Redundancy selection criteria on the basis of last in first out may be unlawful dependent on the circumstances.
Age Discrimination Concerns
The question of age bias or discrimination can be more difficult to diagnose than the title suggests. It can be more sophisticated than someone being turned down for employment because management wants to work with younger people or someone who exceeds an established age. Representations and cross examination made by an age discrimination solicitor to the Employment Tribunal will often ferret out the true intentions of an errant business.
A few of the various topics in regards to age discrimination consist of the following:
The law precludes any firm or employer from choosing likely employees basded on that person’s age. Consideration must be based on the qualifications of the candidate.
Upper limits placed on age in redundancy and unfair dismissal cases no longer exist. Workers at any age may bring a claim for compensation on unwarranted dismissals or redundancy.
An employee is allowed to seek authorisation from the employer to work past the mandatory retirement age of sixty-five. An employer is under obligation to examine the employee’s request for continued employment; however, the employee is required to furnish a six month notice of their planned retirement date.
Experience and employment length may still be utilised as a consideration for the rate of pay and the benefits an employee collects however neither can be tied to age.
Age is still used to calculate redundancy compensation due to an employee who has been terminated, however a proposal has been made to change calculations from age-based to a system that would use a person’s years of employment to calculate such compensatory payments.
When making a decision about which workers to terminate in a redundancy setting, the use of “last in, first out” basis is now unlawful.
Our employment solicitors deal with compensation claims in UK. They specialise in claims arising as a result of industrial disputes. Our lawyers give free advice and act on behalf of clients using the no win no fee scheme which means that if our solicitors do not succeed in obtaining compensation on your behalf then they will not get paid. You will receive a complete professional service from solicitors who specialise in claiming compensation as a result of employment disputes.
Legal advice is offered by our age discrimination solicitors on a no win no fee basis. You and one of our solicitors will agree on a percentage of any compensation to be paid to us in the case of a favourable outcome. This agreement will occur prior to us taking your claim, to prohibit hidden fees or surprises. If we fail to win, you don’t pay anything.
Specialist employment lawyers deal exclusively in employment matters and are able to pursue or negotiate claims and can provide representation anywhere in the United Kingdom. If you would like to talk confidentially to an experienced solicitor just use the helpline, email or complete and send the contact form.