Age is a protected characteristic under the Equality Act 2010 and claims can be pursued where an individual has been treated unfavourably, or has been placed at a substantial disadvantage, due to a reason related to their age.
As you may have read in recent news, the employment tribunal has recently ruled that Leeds law firm, Walker Morris LLP, had discriminated against equity partner Martin Scott in 2023 by enforcing their mandatory retirement policy to deny Mr Scott, who was 63 at the time, a two-year extension to his position because of his age.
The tribunal reportedly rejected the argument that the implementation of the policy was a proportionate means to achieve a legitimate aim and in fact held that, had he not been over the age of 60, he would not have been subjected to the same treatment.
It is understood that the employment tribunal is due to issue a further ruling on compensation, following a scheduled remedy hearing in May 2025.
In light of this recent judgment, it is essential that, as an employer, your policies and procedures are implemented and enforced in a way that avoids any discrimination accordance with the Equality Act 2010. Whilst your policies and procedures may apply to everyone, some individuals may still be placed at a substantial disadvantage due to their held protected characteristics, as was Mr Scott in his employer’s implementation of their retirement policy.
It is important to remember that the Equality Act 2010 does not only apply to employers, but also service providers, public services and local authorities and all policies and procedures implemented must be done so in a way that does not place individuals including service users of held protected characteristics at a disadvantage when compared to others who do not share these characteristics.
If you are an employer, or service provider and you are uncertain as to whether your current policies and procedures are Equality Act compliant, or you believe that, as an individual, you have been discriminated against by your employer or a service provider, please do not hesitate to contact us for an advice consultation. You can find out more about our fees here, or by contacting our team on 0161 696 6170.
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