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Indirect Age Discrimination
Indirect discrimination takes place where your employer applies a provision, criterion or practice to you which applies, or would apply, equally to people not of the same age group as you but has the effect of putting persons of the same age group as you at a particular disadvantage when compared with other people. It is not necessary for the provision, criterion or practice to have yet been applied to anybody. It is enough if the provision, criterion or practice would have a discriminatory effect if it was to be applied.
To be able to claim indirect discrimination you must be able to show that the provision, criterion or practice puts you at the particular disadvantage. Finally, as with direct discrimination, the employer will be able to apply a provision, criterion or practice that indirectly discriminates against people of a certain age group if the employer can show that the provision, criterion or practice is a proportionate means of achieving a legitimate business aim.
The most usual example of a provision, criterion or practice which is indirectly discriminatory would be a requirement that you must have a particular length of service or experience in an area before you can have a job or access to a particular benefit. This use of length of service or requirement for experience will need to be justified.
To be able to claim indirect discrimination you must be able to show that the provision, criterion or practice puts you at the particular disadvantage. Finally, as with direct discrimination, the employer will be able to apply a provision, criterion or practice that indirectly discriminates against people of a certain age group if the employer can show that the provision, criterion or practice is a proportionate means of achieving a legitimate business aim.
The most usual example of a provision, criterion or practice which is indirectly discriminatory would be a requirement that you must have a particular length of service or experience in an area before you can have a job or access to a particular benefit. This use of length of service or requirement for experience will need to be justified.
