Figures published recently by HM Courts and Tribunals Service in its Annual Statistics for 2010/2011 have revealed a ‘dramatic’ rise in the number of age discrimination claims lodged at the Employment Tribunal.
The figures show that, in the year up to 31st March 2011, 6,800 age discrimination claims were filed, a rise of 31% on the previous year’s number. Since 2008/2009, the overall number of claims has risen by 79%.
These figures show a dramatic rise in the number of age discrimination claims in the past two years and emphasise the importance of employers becoming more age-aware.
Against a backdrop of a number of high-profile ageism cases, the ending of the default retirement age and rising levels of redundancy and unemployment, many more people believe that they are being discriminated against. With further job losses expected in the public sector and the lingering idea that older workers are a burden, we would not be surprised to see these figures continue to rise. Remember, age is a unique form of discrimination, as it can affect anyone and everyone as age is something we all have, with young people being equally prone to marginalisation in the workforce.
Even large organisations can run into problems, as illustrated by the recent radio comments of an Aberdeen City Councillor, who whilst addressing the issue of funding from the Scottish Government for Aberdeen City Council asserted “that this was a test for the Council’s Leader,[ 26 year old Callum McCaig] who had to show whether he was a man or still a boy.” It is often ill-advised and inappropriate comments, (no matter how well meant) that can lead to discrimination claims and contribute to these rising figures.
Organisations must have appropriate policies and training in place to deal with all aspects of discrimination, and to ensure that processes like redundancies, recruitment and pay are free from any discriminatory practices.
These recent Employment Tribunal statistics also show that despite a small fall in the total number of claims lodged in 2010/2011, the total number of claims was still up by 44% from 2008/2009.
In short, the Employment Tribunal still continues to be busy and organisations, no matter their size, need to have the best HR policies, procedures and practices in place to combat this trend.
Craig Bennison
Head of Litigation
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