Under the Equality Act 2010 employers must not discriminate against workers by treating them less favourably because of their age. This could be by making stereotypical assumptions- for example ‘older people are less inclined to change’- or assuming that an employee is going to want less pressure at work.
If an employer makes comments which are clearly discriminatory, establishing a case may be easier but normally a worker will have to establish facts from which inferences of discrimination may be drawn. These could include: exclusion from meetings or social events, withdrawing the better tasks and roles or patronising comments.
The factual basis for considering discrimination is very important. This requires tangible acts or omissions with dates and times and supporting evidence. These can then be put to an employer informally and then through a grievance or after a dismissal in a solicitor’s letter. Failure to offer a non-discriminatory explanation may then lead to a finding of age discrimination.
Age discrimination claims can lead to larger pay outs. There is no upper limit on compensation and a tribunal may well find that it is very difficult for an older worker to find another job. Injury to feelings tend to be at the higher end.