Employers find it to easy to justify getting rid of older workers, argues a legal expert. In theory silvers are protected by the 2010 Equality Act against discrimination, writes Chris Hadrill, partner at Redman Solicitors, and the law provides for it in certain circumstances, such as when firms need to comply with health and safty rules. “However, in practice, this justification can be too easily relied upon. Employers often succeed in arguing that age related decisions are a proportionate means of achieving legitimate aims, such as workforce planning or cost efficiency. This undermines the strength of the legal protections and can leave claimants without a remedy.” There is also a lack of proactive enforcement, he notes. Unlike some other areas of equality law, there is no specific body responsible for monitoring age discrimination in the workplace. He says the Equality and Human Rights Commission, which has limited capacity and rarely initiates action in such cases, should prioritise using its powers to investigate systemic discrimination and to enforce the law.
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