Addressing age stereotyping against older workers in employment

Abstract

Purpose The purpose of this paper is to report on an analysis of direct age discrimination cases by the Court of Justice of the European Union (CJEU) and the UK courts and employment tribunals over an 11-year period. The paper focusses upon age stereotyping towards older workers and analyses whether it is endorsed at the European level and/or national level. Design/methodology/approach This research has analysed a sample of 100 employment tribunal judgments concerning direct age discrimination together with 28 CJEU decisions on direct age discrimination. Findings This paper highlights that there are a number of cases in which age stereotyping has been endorsed at the CJEU level. By contrast, the UK courts and employment tribunals have adopted a more robust approach. Research limitations/implications The main limitation is that it only considers case law from the European Court and the influence on the UK case law, without analysing the eventual decisions of the other EU member states. Originality/value The paper contributes to the debate with regard to the approach of the CJEU and the UK courts and employment tribunals in tackling age stereotyping and is the first to examine the influence the CJEU decisions has had on the UK jurisprudence over the period studied.

Unions' role in intersectional age discrimination litigation cases

“…Wood et al (2008) concluded that even though age discrimination is prevalent, its causes and resolution are contentious. Bengtsson (2020) found that there is significant stereotyping concerning age discrimination. This subtlety makes it challenging to remedy.…”

Exclusion and Inequality in Late Working Life: National Country Context: UK

“…While the government has legislated to protect against age discrimination (Section 12), ageist practices nevertheless continue to be a threat to achieving EWLs (Age UK, 2017;Bengtsson, 2020;European Commission, 2015;Van der Horst, 2019), leading to negative employment practices affecting older workers (Loretto et al, 2000;Taylor and Walker, 1998). Research conducted by Censuswide on behalf of Aviva (Aviva, 2018) found that while nearly two thirds of employed people over 50 are planning to retire later than they thought they would a decade ago, 44% felt their employer did not support their career ambitions.…”

“…Even compulsory measures are not being implemented as intended and legislation to protect against age discrimination has failed to prevent ageist practices and discrimination in age management policies, training, promotion and recruitment, which many perceive as a significant barrier to achieving EWLs, especially for women (Age UK, 2017;Bengtsson, 2020;European Commission, 2015;Van der Horst, 2019). Research finds that many employers (of all sizes) are unsure about the requirements related to age discrimination and flexible working policies.…”