The UK’s highest court has pledged to clarify and iron out ambiguities surrounding the country’s age discrimination laws with regards to employment, and will remind all employers of their responsibilities to help make the law clearer.
Under current law, age discrimination is forbidden in the workplace, however exceptions are allowed if said discrimination “can be justified”. Such justification is granted if it is a “proportionate means of achieving a legitimate aim” and many have accused this test of confusing employers and employees.
In two key cases this month, Supreme Court judgments said it is much harder to justify direct age discrimination, such as mandatory retirement age, than indirect age discrimination and the test for justifying age-based treatment is different for direct and indirect discrimination.
In making the rulings, the Supreme Court gave helpful guidelines on when direct age discrimination may be justified. Such as:
- Promoting access to employment for younger people
- Facilitating the participation of older workers in the workforce
- The efficient planning for the departure and recruitment of staff
- Avoiding disputes about the employee's fitness for work over a certain age
“The judgments remind employers that a worker's age is not shorthand for their competence and should never be used in that way. An employee's ability to do a job should not be based on out of date assumptions about what people can do as they get older,” said John Wadham, General Counsel of the Equality and Human Rights Commission.
“Every employer must think carefully about whether it really needs to have a policy that directly or indirectly discriminates against people based on their age. The court has made it clear that such policies must be justified on a case by case basis. An employer or partnership must be sure that the same aim couldn't be achieved using a less discriminatory approach.”
Whether you’re an employer or working in the UK, age discrimination may still be a confusing issue. If you’re not sure of your rights, or whether your actions can be justified under the Supreme Court’s terms, contact our employment experts today.