How can I make a claim for age discrimination?

Complaints under the employment aspects of the age regulations should be made to an employment tribunal within three months of the act of discrimination complained of. The same remedies and procedures will generally apply as for other employment discrimination complaints.

You may submit a detailed questionnaire to your employer about their actions, and the employment tribunal may draw appropriate inferences from a failure by the employer to respond or if they respond evasively. The burden of proof lies on the employer to show that they have not broken the law, once you have established sufficient facts to justify initial evidence of age discrimination.

You should note that you would usually be well advised to follow the statutory grievance procedures if you have a complaint of age discrimination. If you do not, even if you are successful at an employment tribunal, your award may be reduced by up to 50 percent. The statutory grievance procedures require you to submit a complaint in writing to your employer before lodging a claim with a tribunal.

You should always seek individual legal advice before making a claim. Talk to your union if you are a member, to get an expert opinion on your case.