Are Older Workers Past Their Sell‐by‐Date? A View from UK Age Discrimination Law

Bibliographic Data

ID9195707
AuthorsElaine Dewhurst (0000-0001-9934-5313, corresponding author)
Year2015
Volume78
Issue2
Pages189-215
Publication date2015-03-01
Open AccessYes
TypeARTICLE
VenueModern Law Review (JOURNAL)
Journal identifiersISSN: 0026-7961 • E-ISSN: 1468-2230
PublisherWiley (PUBLISHER • GB)
DOI10.1111/1468-2230.12113
OpenAlexW1856579501
LanguageEN
References cited32

This article assesses the effectiveness of U nited K ingdom age discrimination law in protecting older workers from claims that they are less productive and perform more poorly than younger workers. The article assesses employer perceptions and the incompatibility of such perceptions with existing research and the current interpretation of age discrimination law by the CJEU and the S upreme C ourt which accords with such research. The effectiveness of age discrimination law in practice is assessed through an analysis of existing compensation reduction rules. The article concludes that the existing rules which allow for a reduction in compensation payable where there is a chance that the same outcome would have been reached in the absence of discrimination (the ‘chance model’) reduces the effectiveness of the existing protections. A move to a ‘certainty model’ would be less speculative, would serve the objectives of anti‐discrimination law and would reduce concerns about compatibility with EU law

Accounts payable · Actuarial science · Age discrimination · Certainty · Compensation (psychology) · Economics · Legal certainty · Payment · Perception · Political science · Discrimination and Equality Law · Finance · Law · Polish Legal and Social Issues · Psychology · Retirement, Disability, and Employment · Social Psychology

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