A Practical Guide to Age Discrimination in the Workplace

‘A Practical Guide to Age Discrimination in the Workplace’ is an essential companion for anyone involved in age discrimination claims before the Employment Tribunal. Intended for both practitioners and litigants in person, this book demystifies the legal framework and practical steps involved. With accessible language and a clear structure, it helps readers understand how age discrimination is defined, claimed, proven and defended in the eyes of the law.

From defining comparators to understanding where to pitch injury to feelings awards, and from drafting pleadings to the use of statistics, every chapter offers hands-on advice grounded in real cases and statutory guidance. The book also includes discussion of thorny age-related topics such as retirement, menopause and workplace banter.

With workplace demographics shifting and age-related claims on the rise, this timely guide empowers users to take informed action. A practical, step-by-step resource for those on either side of a dispute, it offers clarity, confidence, and strategic insight in what can be a complex and emotionally charged process.

ABOUT THE AUTHORS

Mark Green has specialised in employment and discrimination law for the past 20 years. He enjoys a busy practice and appears regularly in both the employment tribunal and the Employment Appeal Tribunal for both claimants and respondents. Appointed to the Attorney-General’s A Panel in 2023, he frequently represents government departments in complex matters and has a niche practice in the crossover between national security and employment law. Following the high profile age discrimination case of Jolly v Royal Berkshire NHS Foundation Trust 3324869/2017, Mark made several appearances on television, radio and in national newspapers, including discussing the case on the This Morning sofa. Mark loves to travel and speaks several languages fluently.

Karen Moss is a specialist employment barrister practicing at 3PB Barristers in London where she leads the Employment and Discrimination Group. She is frequently instructed in complex statutory claims in employment tribunals and the Employment Appeal Tribunal, and employment-related claims in the High Court and county courts. She has extensive experience in dealing with age discrimination claims in particular. Her notable cases include acting as lead counsel representing over 50 senior cabin crew in a group action against an international airline relating to a mass redundancy exercise which was found to be unfair. Karen is ranked as Band 1 in Employment by Chambers and Partners, and as a Tier 1 Leading Junior in Employment in Legal 500 in the South Eastern region. She lives in London with her husband, and two teenaged children who frequently remind her of her comparatively great age.

Rosa Thomas was called to the bar in 2023 and practices in employment and education, specialising in equality and discrimination law. Rosa appears frequently in the employment tribunal, often in matters concerning age discrimination. Most recently, Rosa has worked on multiple cases concerning claimants with menopause and the intersection of age, sex, and disability discrimination. Prior to coming to the bar Rosa worked in public affairs at the national charity Age UK.

CONTENTS

Chapter One – Introduction
Chapter Two – Direct Age Discrimination
Chapter Three – Indirect Age Discrimination
Chapter Four – Justification
Chapter Five – Harassment
Chapter Six – Victimisation
Chapter Seven – Retirement
Chapter Eight – Proving age discrimination
Chapter Nine – Remedies
Chapter Ten – How to bring an age discrimination claim
Appendix A – Sample Particulars of Claim
Appendix B – Sample Grounds of Resistance
Appendix C – Sample List of Issues
Index