Employment Age Discrimination
A client is currently employed at a fast-food restaurant in a regional area of the UK and is concerned about potential age discrimination in their workplace. They have reported that younger staff, particularly those under the age of 18, are being assigned more shifts and hours than they are. As the client approaches 21 years of age, they will become entitled to a higher wage, which they fear is affecting their shift allocation. The situation indicates that the distribution of shifts may be influenced by age-related pay discrepancies, possibly breaching employment discrimination laws. The client's concerns are centered around the belief that their hours have been curtailed due to age and the associated wage differences.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkWould I be able to file a complaint for receiving fewer hours due to my age?
In your case, you may have grounds to claim age discrimination under the applicable employment laws, which protect workers from being treated unfairly based on characteristics such as age. If your reduced hours are linked to your age and the related wage increase, this might be seen as indirect discrimination. It's important to assess whether the scheduling of younger employees' shifts reflects a broader trend rather than isolated occurrences. Consulting relevant legislation regarding age discrimination may help clarify your position.
What evidence do I need to collect to substantiate a claim of age discrimination at work?
To support a claim of age discrimination, consider gathering the following evidence:
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Documentation: Maintain records of your work schedule and any communications regarding changes to your hours.
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Comparative Data: Observe the hours worked by younger employees to identify any patterns where they are assigned more hours without justification.
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Witnesses: Identify co-workers who can validate your claims or have observed similar treatment.
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Employer's Reasons: Document any explanations provided by your employer for changes in your hours, particularly if they relate to cost-saving.
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Performance Evaluations: Keep records of your job performance to counter any claims that your reduced hours are related to your work quality.
Are there specific laws in the UK addressing age discrimination in employment?
Age discrimination in employment is prohibited under the relevant equality acts in the UK, which protect employees from unfair treatment based on age. Employers must ensure that decisions regarding work hours are not influenced by age unless they can provide valid justifications. For more information, you may consider reviewing the publications from the Equality and Human Rights Commission.
What steps should I take to file a complaint or claim for age discrimination?
To file a claim for age discrimination, you should follow these steps:
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Raise a Grievance: Start by submitting a formal grievance to your employer, outlining your concerns about age discrimination.
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Early Conciliation: If the grievance doesn't resolve the issue, you may contact the appropriate conciliation service for mediation before proceeding to an employment tribunal.
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Employment Tribunal Claim: If conciliation does not yield a resolution, consider filing a claim with the Employment Tribunal within the stipulated time frame from the date of the alleged discriminatory act.
Could there be other factors behind my employer's allocation of more hours to younger staff?
There may be various reasons for the allocation of more hours to younger employees that do not relate to age discrimination. For instance, younger employees might have greater flexibility in their availability. Additionally, the cost implications of employing younger workers might lead employers to favour them. To discern whether age discrimination is at play, reflect on whether similar patterns affect others in your age group and document any communications from your employer that mention age.
