If you have been dismissed you should appeal the dismissal and if it is not resolved file an employment tribunal claim within three months less one day of the dismissal.  If you have not been dismissed but suffered discrimination whilst in work you should file a grievance setting out the nature of your complaints, attend a meeting (accompanied by a colleague or trade union official) and if matters are not resolved, file a claim within three months less one day of the act of discrimination.

Proving that you have been discriminated against can often be difficult because it means that you have to gather evidence and show facts from which a tribunal or court could infer that an act of discrimination did take place, not just that it might have done.  This may include evidence such as evidence of a difference in status, a difference in treatment and the reason for the differential treatment. It would also include evidence presented by the employer contesting the claim.  Once you have done that however, the burden of proof falls on the employer or training provider to prove they did not treat you less favourably on account of your age.  If they are unable to discharge that burden you would win the claim. (See the Guide on Redress)

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