Question

To ask the Minister for Women and Equalities, what assessment she has made of the effectiveness of the enforcement of age discrimination legislation in respect of people seeking employment.

Age is a protected characteristic in the Equality Act 2010. Where differential treatment because of age cannot be objectively justified, this will constitute unlawful age discrimination both in employment and in the provision of goods and services. Enforcement of the Act’s employment provisions is undertaken by Employment Tribunals, to which a person must make a claim if they feel that they have been discriminated against because of age.

Prior to an Employment Tribunal claim, conciliation services are provided by the Advisory, Conciliation and Arbitration Services (Acas). According to the Employment tribunal statistics, 1,087 age discrimination claims were made to Employment Tribunals in 2014/15. 70% (761) of these claims were either withdrawn or successfully conciliated by Acas without the need for a full hearing. The Acas process is intended to enable employers and employees to resolve disputes without the need for a full Employment Tribunal hearing.

The Equality and Human Rights Commission’s enforcement powers under the Equality Act 2006 apply to age discrimination as they do to other protected characteristics.