Age discrimination Definition

It (ageism) can be a form of unfair treatment at work. It is unfair treatment if an individual is treated less favourably as a job applicant or employee due to being a different age or age group to another job applicant or employee. Discrimination can occur from the application stage through to the termination of employment and beyond, including job references. A decision on what constitutes age discrimination will lie with an employment tribunal or court.

Accordingly, there are four types of discrimination:

  1. Direct discrimination
  2. Indirect discrimination
  3. Harassment
  4. Victimisation

Where age discrimination may happen:

  1. Recruitment
  2. Training
  3. Promotion
  4. Pay and terms and conditions of employment
  5. Performance management
  6. Redundancy
  7. Retirement
  8. Dismissal
  9. Flexible working

The report adds that age discrimination is acceptable in the cases below:

  1. Occupational requirements;
  2. Positive action;
  3. Pay and extra job benefits linked to time with the shipowner;
  4. National minimum wage;
  5. Redundancy and redundancy pay; and
  6. Employing people under 18.

Encouraging greater awareness and understanding of age discrimination, alongside tackling discrimination, can reduce complaints, disciplinary action or tribunal claims and avoid costs and disruption.

Age equality can also help a company attract, motivate and retain staff, thereby enhancing its reputation as a shipowner of choice.

Additional factors that will have a positive effect to those companies who are against age discrimination are:

  • A changing global workforce that is staying at work longer instead of retiring;
  • Having employees at all levels with different backgrounds and skills can develop a working environment conducive to more ideas and solutions;
  • A diverse workforce can help companies to understand and meet diverse customer expectations.

Yet, ICS highlights that in many cases ageist remarks can be discriminatory even if not considered insulting.

Stereotyping is a likely cause of age discrimination. Age-based assumptions should not be made about what job applicants and employees can do or how they will behave

However, dealing with age discrimination does not mean that different treatment of age should be missed; Therefore, exceptions where different treatment due to age can or may be lawful include:

  • Occupational requirements; Positive action; Pay and extra job benefits linked to time with the shipowner; National minimum wage; Redundancy and redundancy pay; Employing people under 18.

When it comes to age discrimination, which is linked to gender and disability, the report notes that

Older women may be more likely to be treated unfairly due to their age than older men. They may be overlooked for promotion, training and full-time work due to a lack of capacity for flexible working or may be treated unfairly due to the menopause.

Learn more on gender discrimination by clicking herebelow










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