What is a Section 60 notice?
Over 2000 section 60 notices have been issued in London last year, what are they and do they work?..link
Discrimination at work.
Age Discrimination
You are covered for all the previously mentioned discrimination characteristics at work, and also when applying for work or requesting references, the only exceptions are the armed forces and any unpaid volunteer work.
There are a myriad of examples for each of the different areas of discrimination.
If we look at age discrimination;
A person must not be treated differently to any other employee because of their age; this covers everything from their application of employment, to retirement, unless the employer has good reason.
The law has age restrictions in place for types of work, for example bar work. If your employer feels that they do only wish to employ people of a certain age group then they must have good, justifiable reasons why this is so.
For example, an employer cannot say that they require x amount of years experience, as this discriminates against young applicants who could not have gained the x amount of years, in the same way, an employer cannot stipulate an age limit on applicants, unless they have a justifiable reason.
Your employer is also not allowed to discriminate against you by association, an example of this is if your employer allows flexible working for those who need to look after children, if you need to take care of an elderly relative, flexible working must also be offered to you.
There are situations where your employer can treat you differently because of age, in all situations they must be able to show that this was justified, this process is referred to as objective justification, and the employer will have to apply a test to prove their exemption to the Act.
Retirement, Dismissal;
The Act protects you from being discriminated against for retirement or dismissal, unless, once again the justification can be proven. If your employer cannot prove justification then you can take action for unfair dismissal. In the past an employer was able to make you retire at 65, but now this process does not apply.
In the case of redundancy, your employer can not choose who to make redundant based on age, this would count as discrimination, however they can use the time you have been employed as a criteria.
If you feel you have been discriminated against it is important that you take action early, as time limits apply, you have 3 months less one day to take your case to an employment tribunal, this time period starts from the last instance of discrimination, dismissal or harassment.
We would recommend you contact a solicitor immediately for advice.
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