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Age Discrimination Grievance Investigation
What is Age Discrimination
Age discrimination in the workplace is a significant issue, with over half of surveyed individuals aged over 50 believing their age negatively impacts their employment prospects. Age discrimination in the workplace is a considerable issue, with over half of surveyed individuals aged over 50 believing their age negatively impacts their employment prospects. This form of discrimination is prohibited under Part 5 of the Equality Act 2010 (EqA 2010), with age being one of the nine "protected characteristics" covered by the Act.
The EqA 2010 addresses several types of unlawful conduct related to age, including:
Direct age discrimination
This occurs when a job applicant or employee is treated less favourably than others, specifically because of age. Unlike discrimination concerning other protected characteristics, direct age discrimination can potentially be objectively justified if the employer can show it is a proportionate means of achieving a legitimate aim (such as promoting inter-generational fairness or workforce planning).
Indirect age discrimination
This involves applying a provision, criterion, or practice (PCP) that disadvantages persons of a particular age group, unless the PCP can be shown to be a proportionate means of achieving a legitimate aim.
Harassment related to age
This is defined as unwanted conduct related to age that has the purpose or effect of violating a person's dignity or creating an intimidating, hostile, degrading, humiliating, or offensive environment.
Victimisation
This involves subjecting a person to a detriment because they have taken or intend to take action in connection with the EqA 2010, such as complaining about age discrimination.
The prohibition against age discrimination applies widely across the field of employment, occupation, and vocational training, protecting job applicants, employees, workers, and self-employed individuals contracted to perform work personally. All age groups are protected by this prohibition.
Investigating an Age Discrimination Grievance
When investigating allegations of age discrimination, the investigator's primary role in an age discrimination grievance is to conduct a fact-finding exercise, collecting all pertinent information related to the issues raised. Age is classified as one of the nine protected characteristics under the Equality Act 2010 (EqA 2010).
A properly executed investigation allows the employer to make an informed decision based on a full consideration of the facts. The investigator must be fair and objective, seeking evidence that both supports and contradicts the allegation to establish precisely what did or did not happen.
To ensure impartiality, the investigator must not have been previously involved in the case. For handling complex matters, such as discrimination complaints, it is advisable to appoint someone senior and experienced.
The investigator's role
Thorough preparation and adherence to formal procedure are crucial. The investigator's role and responsibilities must be clearly defined within their terms of reference, detailing the scope of what is to be investigated and to whom findings should be reported. An investigation plan should be drafted initially to ensure the process is comprehensive, fair, and completed in a timely manner, as delays may cause memories to fade or create a perception of unfairness. The investigator must check all relevant policies, including grievance, disciplinary, DEI (Diversity, Equity, and Inclusion), and equal opportunities procedures. In the context of age discrimination, it is notable that the protected characteristic of age applies to persons of a specific age group, which can be widely defined by reference to a particular age or a range of ages, affording the claimant flexibility when formulating their claim or identifying comparators.
Conduct of Grievance Investigation
When conducting the investigation, the investigator must maintain an open mind and be aware of any potential sensitivities. The employee who raised the grievance should ordinarily be interviewed first to ensure a full understanding of their complaint. All investigation meetings must be held in a private room to ensure confidentiality and maintain the integrity of the investigation. The investigator must employ a neutral, non-confrontational questioning style to gather facts and evidence effectively. Age discrimination can manifest in several ways:
Direct Discrimination
This involves less favourable treatment because of age. Investigations may need to explore whether the treatment was influenced by stereotypical views (e.g., assuming older workers are "past their best" or younger workers lack responsibility). Uniquely, direct age discrimination can be justified if it is a proportionate means of achieving a legitimate aim, although this aim must relate to social policy objectives (such as inter-generational fairness or dignity).
Indirect Discrimination
This involves applying a seemingly neutral provision, criterion, or practice (PCP) that disadvantages persons of a particular age group. An investigator must determine whether the PCP places the aggrieved age group at a particular disadvantage compared to others and whether this can be objectively justified. For indirect discrimination, the legitimate aim only needs to correspond to a real business need.
Confidentiality is paramount
Throughout the process, the investigator should advise the availability of support (such as mental health counselling or external specialist organisations) to all individuals involved. Confidentiality is paramount, and disclosure of the grievance content to the subject or witnesses should only occur to the extent necessary, which may require redaction. If temporary measures are necessary, such as moving employees, the employer must ensure fairness, noting that transferring the complainant may be seen as victimisation or punishment. Accurate records of all meetings must be kept. When faced with contested facts or contradictory evidence, the investigator must determine what occurred on the balance of probabilities. Given that age discrimination claims often involve complex justification arguments (especially those related to cost considerations, which generally require a "cost-plus" approach and cannot stand alone), the investigator must ensure sufficient evidence is gathered regarding the employer's aims and the proportionality of the measure taken.
Age Discrimination Grievance Report
Upon conclusion, I must produce an objective and concise report that avoids jargon. The report should clearly state which facts were established and which were not established. The conclusions reached within the report must be the investigator's own. If requested to provide recommendations, the investigator should restrict these to suggesting formal action, informal action, or no further action. Finally, the employer must communicate the outcome in writing to the employee without unreasonable delay.
What is Age Discrimination
Age discrimination in the workplace is a significant issue, with over half of surveyed individuals aged over 50 believing their age negatively impacts their employment prospects. Age discrimination in the workplace is a considerable issue, with over half of surveyed individuals aged over 50 believing their age negatively impacts their employment prospects. This form of discrimination is prohibited under Part 5 of the Equality Act 2010 (EqA 2010), with age being one of the nine "protected characteristics" covered by the Act.
The EqA 2010 addresses several types of unlawful conduct related to age, including:
Direct age discrimination
This occurs when a job applicant or employee is treated less favourably than others, specifically because of age. Unlike discrimination concerning other protected characteristics, direct age discrimination can potentially be objectively justified if the employer can show it is a proportionate means of achieving a legitimate aim (such as promoting inter-generational fairness or workforce planning).
Indirect age discrimination
This involves applying a provision, criterion, or practice (PCP) that disadvantages persons of a particular age group, unless the PCP can be shown to be a proportionate means of achieving a legitimate aim.
Harassment related to age
This is defined as unwanted conduct related to age that has the purpose or effect of violating a person's dignity or creating an intimidating, hostile, degrading, humiliating, or offensive environment.
Victimisation
This involves subjecting a person to a detriment because they have taken or intend to take action in connection with the EqA 2010, such as complaining about age discrimination.
The prohibition against age discrimination applies widely across the field of employment, occupation, and vocational training, protecting job applicants, employees, workers, and self-employed individuals contracted to perform work personally. All age groups are protected by this prohibition.
Investigating an Age Discrimination Grievance
When investigating allegations of age discrimination, the investigator's primary role in an age discrimination grievance is to conduct a fact-finding exercise, collecting all pertinent information related to the issues raised. Age is classified as one of the nine protected characteristics under the Equality Act 2010 (EqA 2010).
A properly executed investigation allows the employer to make an informed decision based on a full consideration of the facts. The investigator must be fair and objective, seeking evidence that both supports and contradicts the allegation to establish precisely what did or did not happen.
To ensure impartiality, the investigator must not have been previously involved in the case. For handling complex matters, such as discrimination complaints, it is advisable to appoint someone senior and experienced.
The investigator's role
Thorough preparation and adherence to formal procedure are crucial. The investigator's role and responsibilities must be clearly defined within their terms of reference, detailing the scope of what is to be investigated and to whom findings should be reported. An investigation plan should be drafted initially to ensure the process is comprehensive, fair, and completed in a timely manner, as delays may cause memories to fade or create a perception of unfairness. The investigator must check all relevant policies, including grievance, disciplinary, DEI (Diversity, Equity, and Inclusion), and equal opportunities procedures. In the context of age discrimination, it is notable that the protected characteristic of age applies to persons of a specific age group, which can be widely defined by reference to a particular age or a range of ages, affording the claimant flexibility when formulating their claim or identifying comparators.
Conduct of Grievance Investigation
When conducting the investigation, the investigator must maintain an open mind and be aware of any potential sensitivities. The employee who raised the grievance should ordinarily be interviewed first to ensure a full understanding of their complaint. All investigation meetings must be held in a private room to ensure confidentiality and maintain the integrity of the investigation. The investigator must employ a neutral, non-confrontational questioning style to gather facts and evidence effectively. Age discrimination can manifest in several ways:
Direct Discrimination
This involves less favourable treatment because of age. Investigations may need to explore whether the treatment was influenced by stereotypical views (e.g., assuming older workers are "past their best" or younger workers lack responsibility). Uniquely, direct age discrimination can be justified if it is a proportionate means of achieving a legitimate aim, although this aim must relate to social policy objectives (such as inter-generational fairness or dignity).
Indirect Discrimination
This involves applying a seemingly neutral provision, criterion, or practice (PCP) that disadvantages persons of a particular age group. An investigator must determine whether the PCP places the aggrieved age group at a particular disadvantage compared to others and whether this can be objectively justified. For indirect discrimination, the legitimate aim only needs to correspond to a real business need.
Confidentiality is paramount
Throughout the process, the investigator should advise the availability of support (such as mental health counselling or external specialist organisations) to all individuals involved. Confidentiality is paramount, and disclosure of the grievance content to the subject or witnesses should only occur to the extent necessary, which may require redaction. If temporary measures are necessary, such as moving employees, the employer must ensure fairness, noting that transferring the complainant may be seen as victimisation or punishment. Accurate records of all meetings must be kept. When faced with contested facts or contradictory evidence, the investigator must determine what occurred on the balance of probabilities. Given that age discrimination claims often involve complex justification arguments (especially those related to cost considerations, which generally require a "cost-plus" approach and cannot stand alone), the investigator must ensure sufficient evidence is gathered regarding the employer's aims and the proportionality of the measure taken.
Age Discrimination Grievance Report
Upon conclusion, I must produce an objective and concise report that avoids jargon. The report should clearly state which facts were established and which were not established. The conclusions reached within the report must be the investigator's own. If requested to provide recommendations, the investigator should restrict these to suggesting formal action, informal action, or no further action. Finally, the employer must communicate the outcome in writing to the employee without unreasonable delay.