Analysis published today (24 February) by law firm Fox and Partners showed that the average amount awarded in age discrimination cases has jumped by £89,000, up from just £14,000 in 2022/23.
This marks the highest average award for age discrimination cases since 2007/08.
According to Tracey Riddell, senior programme manager for age-friendly employment at non-profit organisation the Centre for Ageing Better, ageism is a widespread issue that HR professionals can help to tackle.
She told HR magazine: “These payouts represent just the smallest tip of a much larger iceberg of ageism going on in the workplace. Very few age discrimination cases make it to tribunal.
“Employers should tackle ageism in every aspect of employment. They should support an age-friendly culture from recruitment processes though to tackling the ageist birthday cards that are seen as ‘harmless banter’.”
Fox and Partners' analysis showed that the number of claims that make their way through an employment tribunal without being settled early remains relatively low: only 12 cases reached the point of being awarded compensation over the last year, down from 16 in the previous year.
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Audrey Williams, employment partner at law firm Keystone Law, stated that maintaining a positive attitude and culture is crucial in workplaces, and that HR professionals should go further than diversity, equity and inclusion (DEI) policies.
She told HR magazine: “Employers must ensure its practices such as selection criteria, unwritten rules and practices and attitudes, don’t disadvantage individuals because of their age, whether ageist against older workers or negative towards younger employees.”
Despite the low numbers of cases making it through the tribunal to a decision, Williams emphasised the importance of employers acknowledging wrongdoing if an incident does occur.
“An employer could reduce their liability including the injury to feelings element, if it rights any wrongdoing, and considers how to provide internal redress. Sometimes that might include an apology. Working with employees to address issues is a more positive approach, rather than being defensive.”
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Riddell emphasised the importance of creating an authentic workplace, adding: “Employers should lead from the top and set a positive tone. They should be visible, authentic and active – not tokenistic.
“They should demonstrate the value that older workers bring to the workplace and challenge ageism when they see it – even when the ageism is subtle.”
Riddell also stated the importance of implementing age-friendly policies into the workplace.
"Promoting ‘age-friendly’ policies such as flexible working and carers leave will help workers in their 50s and 60s be able to stay longer in the workplace. Age-friendly employment benefits us all," she said.
“Age inclusion does not compete with other diversity efforts but helps everyone and should be central to all DEI strategy work. Get it right for older workers, you get it right for everyone.”
