Following a recent EAT decision in Smith V Gartner UK Ltd, it was confirmed that the decision taken by the tribunal to strike out an employee’s claim for unlawful deduction from wages and direct age discrimination was correct.
In this case, the employer had ceased payments under the PHI scheme when the employee had reached the age of 60. This was stated under the terms and conditions of the benefits when the employee had signed up initially. As a result, the EAT did not find it to be discriminatory when the payments were stopped upon reaching the age of 60.
So what is Age Discrimination?
The Equality Act 2010 makes it unlawful to discriminate against employees, job seekers and trainees because of age. For example, this may include because they are ‘younger’ or ‘older’ than a relevant and comparable employee.
There are four main types of age discrimination
This is discrimination based on someone’s actual age or perceived age as well as the age of someone they may associate with.
This can take place when an organisation adopts a policy or practice where workers of a certain age may be disadvantaged whether they are young or old.
This can occur when an individual is beleaguered or intimidated as a direct or indirect result of their age.
Unfair treatment of an employee who has made a complaint about age discrimination.
What can you do as an Employer to prevent Age Discrimination?
All Employers should ensure they have policies and procedures in place which are designed to protect you from Age Discrimination claims. The policies and employment practices should cover all internal activities including the recruitment stage through to the dismissal of an employee.
If you need further advice or guidance, CoLaw Ltd can provide the relevant tools and resources in order to ensure compliance.