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Age discrimination
The information on this website is for general guidance on your rights and responsibilities and is not legal advice. If you need more details on your rights, or legal advice about what action to take, please contact an adviser or solicitor.
Age discrimination, also referred to as ageism, can have a huge impact on older people's lives. It may not always be obvious that you are being discriminated against because of your age, but it could result in you receiving lower quality treatment or services. There are many areas of life in which people can experience age-related discrimination, including employment, health care and consumer services.
Types of age discrimination
Age discrimination can take many forms but is broadly defined as when someone is ‘treated less favourably on the basis of age’. There are four defined types of discrimination:
- Direct discrimination - This means treating someone less favourably because of their age.
- Indirect discrimination – This means having a policy or practice which puts people of a certain age at a disadvantage compared with other people. For example, having a policy that restricts recruitment of new employees to ‘recent graduates’.
- Harassment – This occurs when a person feels intimidated, humiliated or offended by another person’s conduct regarding their age. An example of this would be when someone makes jokes about a person’s age, which they find offensive.
- Victimisation – This means being treated unfairly as a result of making a complaint of age discrimination, or for giving evidence when somebody else complains of age discrimination.
Age discrimination in the workplace
From 1 October 2011, employers are no longer allowed to issue forced retirement notices to their employees. This is the end for the Default Retirement Age (DRA). For further information, visit the Age UK website.
On 1 October 2006, The Employment Equality (Age) Regulations 2006 took effect across England, Wales and Scotland. This law was introduced to protect employees from being discriminated against at work because of their age and includes regulations including recruitment, retirement and redundancy. Some of the main points of the new law are:
- There is now no upper age limit for claiming unfair dismissal. Before the new law was brought in, the age limit was 65 years old.
- The upper age limits for redundancy payments and Statutory Sick Pay have also been removed.
- Education and training course providers can't discriminate against people on the grounds of their age. Courses must be provided to people of all ages, unless not doing so can be justified.
You can read more about the Employment Equality (Age) Regulations 2006 by visiting the Directgov website, or by reading Age UK’s factsheet The law on age discrimination
Useful organisations
Acas (Advisory, Conciliation and Arbitration Service) aims to improve organisations and working life through better employment relations. They provide up-to-date information, independent advice and high quality training, and work with employers and employees to solve problems and improve performance. Contact them using the details given below, or visit their website.
Age discrimination in health and social care
Unlike employment, there are no laws to protect people against age discrimination in health and social care services. You may feel that you have received poor quality treatment because of your age, for example maybe your GP will not refer you to a consultant. If you are unhappy with your treatment, you should complain to the service concerned.
If you don't get a satisfactory outcome, or you don’t feel able to do this yourself, contact the Patient Advice and Liaison Service (PALS). PALS provide support and information to patients, their families and carers if they have any concerns about the care they receive from their doctor, hospital or other health care service. The staff can put you in touch with other people or organisations that can help if they can’t resolve your problem. Contact them using the details given below, or visit their website. See our section on Complaining about health services for further information.
If you feel that you have experienced age discrimination from social services, you should follow the Social Services Statutory Complaints Procedure. See our section on Complaining to Adult Services for further information.
Age discrimination in consumer products and services
Again, there is no law that protects consumers against age discrimination when buying a product or service, as the new law only covers employment and training. However, if you feel that you have been discriminated against there are things that you can do.
Firstly, you should make an official complaint to the company concerned. You could take your business elsewhere, telling them the reason why you are doing so and encourage your friends and family to do the same. It may also be worth contacting your local newspaper if they have a consumer page.
If you would like to complain about an advertisement, contact the Advertising Standards Authority (ASA) regarding adverts in the press, direct mail, posters, and leaflets. To complain about television or radio adverts, contact Ofcom. Contact details for both of these organisations are given at the bottom of this page, or visit their websites for further information.
Other useful information
Newcastle Law Centre has Case Workers who can deal with cases of discrimination in employment or access to goods, services and facilities. They can help with all types of discrimination including age, disability, race, religious belief, sex and sexual orientation. The Case Workers can provide information, advice, support and home visits to people who feel they have suffered discrimination. They are also able to provide and representation at the County Court and in Employment Tribunals. For further information, contact Newcastle Law Centre using the details given below.
Contact Information
ACAS North East
Cross House, Westgate Road, Newcastle upon Tyne, NE1 4XX.
Telephone : 08457 47 47 47.
Advertising Standards Authority
Mid City Place, 71 High Holborn, London, WC1V 6QT.
Telephone : 020 7492 2222, Fax : 020 7242 3696.
Email : enquiries@asa.org.uk
Newcastle Law Centre
1st Floor, Charlotte Square, Newcastle upon Tyne, NE1 4XF.
Telephone : 0191 230 4777, Fax : 0191 233 0295.
Email : info@newcastlelawcentre.co.uk
Ofcom
Riverside House, 2a Southwark Bridge Road, London, SE1 9HA.
Telephone : 020 7981 3000, Fax : 020 7981 3333.
Patient Advice and Liaison Service (PALS)
c/o North of Tyne PALS, Old Stables, Grey's Yard, Morpeth, NE61 1QD.
Telephone : 0800 032 0202 (Freephone).
Email : northoftynepals@nhct.nhs.uk
Article last updated November 22, 2011 8:29 pm
