LRD guides and handbook July 2013

Representing older workers - a guide for trade union negotiators

Chapter 1

Termination of employment

Employers who dismiss for discriminatory reasons, or who select employees for redundancy on discriminatory grounds, are in breach of discrimination law. Compensation in discrimination claims is unlimited, whereas unfair dismissal cases are set at a maximum of £74,200 (as of 1 February 2013). There are also more types of compensation that can be claimed under discrimination law.

Employees who resign rather than carry out their employer’s instructions to discriminate are also protected, even though they themselves would not fall under discrimination protection.

The ending of a fixed-term temporary contact may amount to discrimination if not accompanied by an offer of new work, if it falls more heavily on older workers.