Figures published today by the Employment Tribunals Service show that the number of age discrimination claims accepted by employment tribunals increased by more than a third - 37 per cent - over the past year.

The published figures also reveal that the median amount awarded by tribunals in age-related cases is on a par with several other discrimination strands: £5,868, although maximum awards are significantly less than those awarded in four out of the other five discrimination strands: £48,710 compared with race (£374,922), sex (£442,366), disability (£729,347), sexual orientation (£163,725).

TAEN – The Age and Employment Network believes that the relatively small number of successful applications (2 per cent or 95 claims all told) is a function of the complexity of bringing claims and proving age discrimination has occurred.

Chris Ball, Chief Executive of TAEN, said,

“We cannot pretend that age discrimination is not there. Ageism remains a persistent barrier for older people still in work but increased awareness of age discrimination and the legislation shows older workers that they have some redress.

“The number of claims is probably only the tip of the iceberg as far as the incidence of actual age discrimination is concerned and the real problem is that it is incredibly difficult to bring evidence to prove cases that are in reality well founded.

“There is a real need for research into the nature of the applications and the reasons age cases (in common with other forms of discrimination) show such low success rates. It seems probable that there is considerable scope for improvement in the quality of support which applicants receive and this in turn arises from too little deep understanding of the complex nature of age discrimination in practice, including in particular indirect discrimination. The latter, in its very nature, is more difficult to prove, more technical and more problematic for claimants, advocates and tribunals but if we really want age equality, we have to understand and come to grips with it.

 “With the Government accelerating plans to abolish the Default Retirement Age and moving to speed up the increase in the state pension age, it is more vital than ever before that the larger numbers of older workers who inevitably come up against ageism have confidence in the fairness and robustness of the tribunals system.

“Working longer will simply not be an attractive option unless workers feel that their rights will be protected against those who would discriminate against them.”