Age Discrimination – Know Your Rights!

Rights can be a difficult concept to understand. Most people assume they should receive fair treatment but, when it comes to actually knowing their rights, are pretty uncertain about their entitlement.

Most people assume they should receive fair treatment but, when it comes to actually knowing their rights, are pretty uncertain about their entitlement.

The Equality and Human Rights Commission (EHRC) explain that, while it is against the law to treat someone unfairly because of who they are, it is important for everyone to know and understand their rights.

You can be discriminated against on the grounds of gender, age, disability, race, religion or belief, sexual orientation or transgender status. From having their valid opinions ignored to being treated unfairly at work; unlawful age discrimination is an important issue that can affect all young people.

Age discrimination law currently applies in unemployment, vocational training, further education and higher education, where you have been treated less favourably on the basis of your age, without justification.

This may be because you are considered too young or too old. Legally, the test for many potential cases of age discrimination is whether the discrimination can be said to be 'justified' but there are many cases where discrimination is simply not justified.

For instance in cases where young people have been refused a job, based on their age, despite having the skills and competencies required for the position.

This is 'direct discrimination' where an employer may feel that a young candidate will not be respected or taken as seriously as someone older.

There are regulations for the workplace that prohibit discrimination on the grounds of a person's age. They are known as the Employment (Age) Equality regulations 2006, (more details from the EHRC website).

There are also specific regulations that apply to young people that mean you should be entitled to a minimum level of pay - but the actual amount depends on your age.There are two reasons why older colleagues may be being paid more - their length of service, and the National Minimum Wage.

Neither of these issues likely to be covered by the Age regulations because they are what's termed as 'exempt'. For instance, the national minimum wage is split into three different rates depending on the age of the employee. Therefore it is within the law for employers to pay their employees minimum wages of different rates according to their age.

You can encounter unlawful age discrimination at work and in education and training.

If you feel you have been treated unfairly because of your age, you can find out more about how to take action from the 'Using your rights' section on the EHRC website - equalityhumanrights.com/youth.

And remember, being young doesn't mean you have no rights - so get to know them!

Equality and Human Rights Commission's Scotland helpline: 0845 604 5510

Last modified: 06/04/2010 15:57:42