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Age discrimination ruling could lead to more cases - Fraser Brown Solicitors

The high profile of ex-BBC presenter Miriam O-Reilly's age discrimination case could lead to more cases being brought against employers, warns Tony Russell, Head of Employment Law at Fraser Brown Solicitors.

He says the increased awareness resulting from the case may well cause people to look again at their circumstances and pursue cases where they believe they have been unfairly treated.

"Employers need to make sure they have policies in place and all dismissals or redundancies are dealt with properly to avoid having claims brought against them. Where claims are upheld compensation can be awarded both for injury to feelings and unfair dismissal, which can add up to a considerable sum. It has been estimated that Ms O-Reilly could receive around £100,000 in total."

At the moment employers, under the Equality Act 2010, cannot discriminate on grounds of age (whether that be too young or too old), although it is not unlawful to retire someone once they reach 65, the current default retirement age.

However a Government consultation is currently underway to get rid of this default retirement age by October 2011, in which case both retirement age and dismissal will need to be justified objectively and in the case of dismissal, a fair procedure will have to be followed.

 

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Article published by Midlands Business News on 13 January, 2011

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