04 December 2015
Age Discrimination in a Redundancy Situation
If a company is going through a restructure to increase their profit or their competitiveness in the market they might look to make some of their staff redundant. Companies in this position must be careful to make their redundancy selections fairly.
Redundancy decisions should be based on a fair selection criterion, not on characteristics such as age.
Fair Redundancy Selection Criteria
Your employer can select you for redundancy based on:
- Your standard of work
- Your attendance
- Your disciplinary record
The selection criteria should not be purely based on length of service as this could be age discrimination. You may, however, be chosen to for redundancy if you are less qualified or skilled than the other possible redundancy candidates at your work.
Too often we hear from older workers who have found themselves unfairly selected for redundancy in situations where age looks to be a factor. Age discrimination is unjustifiable yet many employers will hold this subconscious bias. Many companies have the issue of wanting to change their age profile in order to make opportunities for younger employees. Companies should understand they cannot apply a practice that disadvantages people of a particular age and know that it is illegal to compulsorily retire an employee without objective justification.
If you suspect that your company is preparing to make redundancies, you can prepare yourself by observing these seven tips on what to do if you’re at risk of redundancy.
If you have been unfairly selected for redundancy based on your age you should exhaust any internal appeal and then consider potential legal claims.
An employment solicitor can help you through a redundancy consultation process or help you appeal a redundancy decision. You should seek expert advice to determine whether your selection for redundancy is fair and if the consultation process was adequate. Employment solicitors can also offer expert advice when it comes to negotiating a settlement agreement with your work.
To contact the expert employment lawyers at Slater and Gordon UK call 0800 916 9060 or contact us online and we’ll be happy to help.