Age regulations, like most other equality law, prohibit both direct and indirect discrimination. It will be unlawful, unless justified, for an employer to directly discriminate on grounds of age. This could apply, for example, to treating someone less favourably because of their age by:
Indirect age discrimination will apply where employment selection criteria, employers’ policies, collective agreements, benefit arrangements or any other practices impact adversely on workers of one age group in comparison with another. Again, unless the employer can show that the indirectly discriminatory practice is justified, it will be unlawful. For example, rejecting a candidate for a job because they are ‘over-qualified’, may indirectly discriminate against older workers who are more likely to have experience or qualifications, and may not be found to be justifiable.
The age regulations will also ban employers from giving an unfair reference for someone because of age bias, or victimising anyone who complains of age discrimination or gives evidence in support of a complaint made by a colleague. You will also be protected if you refuse to carry out an instruction by your employer to discriminate on grounds of age against a colleague or other person covered by the regulations.
An employer will be liable for discriminatory actions taken by anyone acting on their behalf, such a line manager or an agent, unless the employer can show that they had taken reasonable steps to prevent the age discrimination occurring.
