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Age discrimination?


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I work in retail and during school holidays the shop gets given extra hours to use. During the February holidays I was refused any extra hours as they all were given to a younger worker because she is cheaper to pay. She ended up with quadruple her contracted hours. With Easter approaching I have only managed to secure an extra 4 hours work for the first week of the holiday - again the reason being given is the young workers get first priority for over time.

 

I have a young daughter to support and I am feeling very frustrated and put out by all this. I normally work 4 hour shifts, 5 days a week as this fits around my little girls schooling. I asked if I could condense my hours during holidays so instead of working 5 half days working 2 full and a half as otherwise I have to pay out 5 full days of childcare but they refused. This means more than half my wage for the week is going out on childcare - something I wouldn't have an issue with if I was actually getting extra hours to help pay for it.

 

It just seems wrong. Is there anything I can do?

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Hi, thanks for your response.

 

Definitely not a misunderstanding. In February I had booked a full week of childcare as I had been told there would be overtime available and I wanted to be as flexible as I could for them. I went to them and told them I had plenty of availability between childcare and my partners shifts and could do any hours they needed but was told sorry, all over time has been offered to this younger worker as she's cheaper to pay than you are. A colleague the same age as me was told the same thing.

 

This left me really out of pocket and angry. I asked to change my hours specifically because of their refusal to give me overtime. My particular role is a 20 hour contract and states it is "ideal for parents" so I am frustrated by their attitude towards overtime and llack of flexibility about condensing my days - particularly when I see a supervisor on a 30 hour contract only works 4 days a week.

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Then you need to get proof of what is being done and take it further. You can ask you colleague if she will back you on this or have your mobile in your top pocket and record the conversation when you ask you employer about the overtime hours.

 

 

You do not need to get permission or tell anyone you are recording the conversation.

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Who is the one saying this. Store manager? Assistant manager? Shift leader?

 

Also how long have you worked for the company?

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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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I will speak to my colleague about it and see if I can get a conversation about it recorded.

 

This is coming from my manager. He seemed very apologetic about it the first time, said these are orders from Head Office. This time when I aired my displeasure he seemed frustrated, he said "I know, I know'". When I persisted and said it was wrong he said "Welcome to (the company)"

 

I have worked with them since November. I am experienced in retail and I know from feedback that I am performing well in my job. There is no reason why I should not be given over time.

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OK less than 2 years service

This puts you in a precarious position.

 

You should in theory lodge a formal grievance stating age discrimination in the assignment of overtime.

 

IN retail, join a trade union before you lodge your complaint. Depending on company, USDAW/GMB Find out who has the partnership agreement (if any)

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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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The reason for asking the union to help you is that Age discrimination is based under the equality act.

 

The remedy would be via a tribunal which is expensive. A union should be very concerned about breaches of the equality act and should support their members in resolving any discrimination claim.

 

Membership will be required before any procedures are implemented.

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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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if you want to know if its age discrimination offer to do the hours on the lower pay rate.

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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So it also tells you the discrimination is financial (not illegal), not age related.

 

So, I don't think you have a case.....

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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It is age related:-

 

but it's not because of the age. Unless you can make the government raise minimum wage for all worker to the same, i think it's a very weak case. I'm looking at ACAS guidlines in age discriminatin

 

"

What is a legitimate aim?

A legitimate aim might include:

economic factors such as business needs and efficiency"

 

http://www.equalityhumanrights.com/your-rights/equal-rights/age/when-age-discrimination-lawful"

 

Struggling to find any case law, mind you!

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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Surely it is because of age - I'm not getting overtime because of my age. How can that be acceptable? Shouldn't all employees get their fair share of overtime instead of one person who needs it getting none while another person has their hours quadrupled?

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Surely it is because of age - I'm not getting overtime because of my age. How can that be acceptable? Shouldn't all employees get their fair share of overtime instead of one person who needs it getting none while another person has their hours quadrupled?

 

I would argue that BUT FOR the age the poster would be given access to overtime.

 

There is a discrimination here.

 

The crux though is would a court find it unlawful discrimination. Not all discrimination is unlawful.

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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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Surely it is because of age - I'm not getting overtime because of my age. How can that be acceptable? Shouldn't all employees get their fair share of overtime instead of one person who needs it getting none while another person has their hours quadrupled?

 

 

Shouldn't the younger person get the same hourly rate as you, by the same token?

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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Maybe they should - but i don't make the rules on how much under 18's are paid. I'm here because I'm being told that my age is the sole reason I am not getting overtime.

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