Don't be fooled into thinking that age discrimination legislation applies to older workers only! Since the introduction of The Employment Equality (Age) Regulations 2006, there has been, on average, 100 discrimination claims a month on the basis of age. The majority of these cases have involved 'old age' discrimination. However, it is important to remember that the legislation covers both the young and the old, as a landmark case brought before employment tribunal this month aptly demonstrates.

In a case brought before an employment tribunal in London earlier this month, a woman has become the first to win an age discrimination claim on the basis that she was 'too young'. In 2006 Megan Thomas, who was 19 years old at the time, was working as a membership secretary for the Eight Members Club in central London. As she came to the end of her six month probationary period, Thomas was sacked and allegedly told: "You're too young if only you had come along a few years later."

Thomas's employer wish to appeal the decision made at employment tribunal, insisting that there were other reasons why her employment came to an end. They are quoted as saying: "She had finished her probation and had made some mistakes, so we decided to end her employment."

There may indeed have been legitimate reasons for the Eight Members Club to end Thomas's employment. However, they left themselves open to discrimination claims by indicating that the reason why they no longer wished to keep Thomas on was due to her young age.

The Employment Equality (Age) Regulations 2006 make it against the law to discriminate in employment on the basis of age. This includes not only workers currently employed by you, but to potential employees in the recruitment and hiring process.

It is important that you firstly establish a policy of non-discrimination on the basis of age in your workplace for both ends of the age spectrum. You could start with an employee handbook, laying out the policies and procedures of your business. Our Employee handbook is kept up to date with age discrimination legislation, so that you can be sure to help establish a policy of non-discrimination on the basis of age in your workplace by using this document.

In addition, you should make your staff, including those in managerial positions, aware of your policies in all levels of employment, including recruitment. Staff should be aware of refraining from language which could be interpreted as discriminatory, such as was used in Thomas's case. When hiring, you could also use our General purpose job application form and our General purpose interview checklist which have been specially drafted to avoid questions which might lead to charges of discrimination on your part.

You may also find ACAS's publication on age discrimination useful for additional reading on the topic: Age discrimination from ACAS

Also covered in this month's issue, we explore the topic of work experience and revisit the topic of health and safety.