In Birmingham there are currently more than one million people aged over 50 years old. This sector of our community will be sustained as advancements in medication ensure healthier living for our more senior members of society. These sturdy seniors want to keep working and are retiring later, 65 is no longer the standard retirement age.
People over fifty are time and again the focus of discrimination because of age. Some Birmingham firms maintain a preconception of not hiring those beyond the age of fifty, most of that resistance is based on training costs versus the number of years those employees can give to the workforce. Younger people are often given preferences over older applicants, even though statistically older applicants are more reliable. It is important to bear in mind that sometimes younger applicants are seen as immature or irresponsible and their rights to gain employment must also be protected against practices of bias.
There are some exceptions to the application of the age bias regulations relating to employment when there are legitimate grounds, established through objective evidence. For example when a television role requires an elderly actor to play a senior citizen or when an advertisement for baby products might require an infant.
The question of age bias or discrimination can be more difficult to diagnose than the title suggests. It can be more sophisticated than someone being turned down for employment because management wants to work with younger people or someone who exceeds an established age. Representations and cross examination made by an age discrimination solicitor to the Birmingham Employment Tribunal will often ferret out the true intentions of an errant business.
A few of the various topics in regards to age discrimination in Birmingham consist of the following:
The law precludes any firm or employer from choosing likely employees basded on that person’s age. Consideration must be based on the qualifications of the candidate.
Upper limits placed on age in redundancy and unfair dismissal cases no longer exist. Workers at any age may bring a claim for compensation on unwarranted dismissals or redundancy.
An employee is allowed to seek authorisation from the employer to work past the mandatory retirement age of sixty-five. An employer is under obligation to examine the employee’s request for continued employment; however, the employee is required to furnish a six month notice of their planned retirement date.
Experience and employment length may still be utilised as a consideration for the rate of pay and the benefits an employee collects however neither can be tied to age.
Age is still used to calculate redundancy compensation due to an employee who has been terminated, however a proposal has been made to change calculations from age-based to a system that would use a person’s years of employment to calculate such compensatory payments.
When making a decision about which workers to terminate in a redundancy setting, the use of “last in, first out” basis is now unlawful.
Legal advice is offered by our solicitors on a no win no fee basis. You and one of our solicitors will agree on a percentage of any compensation to be paid to us in the case of a favourable outcome. This agreement will occur prior to us taking your claim, to prohibit hidden fees or surprises. If we fail to win, you don’t pay anything.