The Liverpool Employment Tribunal recently heard the case of Mrs M West v Funky Owl Pub (Holdings) Limited. The case concerns an advertisement for young staff aged between 18 and 25 years, and alleged age discrimination. In this case, age discrimination was found to be both direct and indirect.
Advertisement for staff between the ages of 18 and 25 years
The employment tribunal found that the advertising of vacancies for staff aged 18 to 25 was unlawful and was a clear indication that the pub intended to discriminate against older workers. While there was no evidence that the pub actually targeted older workers, the advertising did demonstrate that Mr Coupe and Mr Tate had been aiming to target younger workers. The Employment Tribunal concluded that, given Mrs West’s age, the pub treated her less favourably than younger staff.
Direct discrimination on the grounds of age
Direct age discrimination occurs when an employer intentionally or unintentionally discriminates against older employees. This can be done through many different means. An employer may restrict employment opportunities for employees over a certain age simply because they lack the necessary skills. Age discrimination may also be done through performance improvement plans or harsh criticism. If you feel that you have been subjected to age discrimination, you should contact an experienced employment attorney.
Direct age discrimination happens when an employer treats older employees less favourably than younger employees. Examples of direct age discrimination include not giving younger employees supervisory responsibilities, or not considering older employees for a job position that involves using modern technology. In addition, indirect age discrimination occurs when older employees aren’t treated as equally as younger workers due to their age.
Direct age discrimination has been deemed a form of harassment, and it’s illegal to ignore or dismiss an employee based on their age. Employers who systematically discriminate against an employee based on age are at risk of facing a tribunal claim for unlawful discrimination. As a result, employers are encouraged to include age discrimination training in their diversity and equal opportunities training.
Under the Equality Act 2010, age is one of nine protected characteristics. Other protected characteristics include disability, gender reassignment, marriage, pregnancy, race, religion, and sexual orientation. Direct age discrimination occurs when an older person is considered too old to perform a role. This type of discrimination affects people of all ages and has several different forms.
Direct age discrimination may occur in job advertisements. Although these advertisements are not explicitly discriminatory, they may be used by unsuccessful applicants to show that employers are discriminatory. For example, an advertisement for a job that requires a certain amount of experience may disadvantage younger workers. Similarly, an advertisement that asks for a certain amount of gravitas or energy may disadvantage younger applicants.
Indirect age discrimination can also occur when an employer restricts employment to recent graduates. While this type of age discrimination is not necessarily illegal, it is still illegal. The Age Discrimination in Employment Act of 1967 protects employees, applicants, and others 40 years and older from discrimination because they are older. The Equal Employment Opportunity Commission enforces the Act.
Direct age discrimination is a major problem in the workplace. It is a violation of the Equality Act and can lead to employment termination. If you experience discrimination, you should seek legal redress. Direct discrimination is illegal in the UK and may be referred to the civil courts.
Segregation in employment
The case focuses on age discrimination. It arises when a company treats its employees differently because of their age. The claimant was 64 years old. The claimant claimed that the employer made an age discrimination advertisement. The advert stated that “Recent High School Graduates Preferred” and “Recent College Graduates Preferred.” These advertisements excluded older workers.
Advertising a vacancy for a recent college graduate is typically considered age discrimination. However, Lord Davey argued that the freedom of employment was not violated. The pub was not forced to hire anyone under age. Therefore, it was not liable for the discrimination claim.
