It’s a year since the Employment Discrimination (Age) Regulations 2006 came into force, awareness of the law may have doubled but there has certainly been an increase in legal action; more than 2,000 tribunal claims have been filed so far.
A study by the Employers’ Forum on Age (EFA) found that companies continue to pay older people more; manage younger workers differently to older ones and to overlook younger staff for promotion irrespective of experience. This is despite nine out of ten people knowing it is illegal to discriminate on grounds of age at work.
“I think it’s taken a while for us to see the impact of age laws,” says EFA chief executive Sam Mercer. She adds that figures from the Employment Tribunal Service show that ageism cases are now on a par with racism cases” with 200 cases being lodged each month. Employers should be aware that apart from average legal costs for a tribunal hearing approaching £6,000 if the claim is held to be discriminatory then there is no limit as to the amount a tribunal may award the employee.
The implications of this law are not restricted to the older workers; the British Youth Council (BYC) is calling on the government to end its “deeply discriminatory” three-tier minimum wage system.
Their call comes as minimum wage levels have been increased from the 1st October 2007, the new rates are:

Main rate for adults aged 22 and over £5.52 per hour
Development rate for 18 – 21 year olds £4.60 per hour
Development rate for 16 – 17 year olds £3.40 per hour

“BYC believes that the age-tiered minimum wage system contravenes the spirit, if not the letter of the Employment Discrimination (Age) Regulations 2006, said Jo Field BYC’s spokeswoman. “BYC is campaigning for equal pay for equal work, regardless of age, and this is a human rights issue.”

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