Information & advice

The following is an overview of the step by step guide to advising on an age discrimination claim‚ as used in these case studies.

Step 1: Is there a potential age discrimination case?

a) What type of age discrimination?  Direct‚ indirect‚ harassment or victimisation?

b) Is the discrimination unlawful? Is it objectively justified or does an exemption apply?

Retirement cases only:

A) Is retirement the reason for dismissal? 
- Is your client under or over age 65? Is there a normal retirement age for the job? If so‚ is your client under or over that age?
- Has correct notice of the intended date of retirement been given‚ including notice of the right to request not to retire?

B) Has the client made a request not to retire?

C) Check the duty to consider procedure has been followed correctly.

Step 2: Beginning action on a case

a) Should your client submit a grievance?
b) Would it be helpful to submit a questionnaire?

Step 3: Taking a case

a) Should your client proceed?
b) Is your client within the time limits for submitting a claim?
c) Submitting a claim to the employment tribunal (or starting action in the county court)
d) Conciliation

See section four of ‘Making a Case Against Age Discrimination’ for guidance on each of these steps - this guidance can be downloaded from the top of our  guidance for advisers page.

Read case studies...

Subscribe to age discrimination news