In October 2006 the employment equality regulations came into force protecting employees, vocational training employees  and trainees no matter how old or young from discrimination in the workplace.  This means that it is against the law to harass, discriminate or victimise employees or trainees on the grounds of age.

A case for “Direct Discrimination” would therefore occur if the employer treated or treats the employee less favourably than others based upon their age, unless of course they could objectively justify this treatment.

A case for “indirect Discrimination” would occur if the employer applied a criteria or provision that places people of a certain age group at a disadvantage and as a result they suffered.

A case for discrimination for “victimisation” could occur if the employer treats the employee less favourably than others because of something they have done in connection with the age regulations this could be supporting a work college or something similar.  It may even be a case where the employer has given instructions to an employee to discriminate against another employee and these instructions were not carried out it would still constitute grounds for discrimination relating to age.

The only fair reason for dismissal or discrimination is retirement if the employee is close to retirement age when they are applying for a position or being re employed the employer may decide that they are not right for the job based on their age and the job characteristics.  In any even the employee has the right to grievance and if found in their favour may be awarded up to 4 weeks pay.