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Get all your legal questions answered – part three

Be sure to keep your questions coming by emailing info@createtvt.co.uk with any legal worries or concerns.

I’ve been at a company now for nine years. I am 63 and in this time I have seen two new starters get promoted (within the last two years). I am happy for them, but my manager says head office do not want to promote me due to my age and the fact I will be retiring in the coming years. It is also because I’ll get a higher retirement package. Is this age discrimination?
An employee can bring a claim under the Equality Act 2010 for discrimination if they have been treated unfairly, or if they have been denied an opportunity such as a promotion because of their age, unless it can be objectively justified. The Employment Appeals Tribunal have ruled that the wish to save money alone is not a legitimate aim to justify discrimination.
This type of discrimination requires a comparison with colleagues who have the same characteristics as you but are of a different age, to show that you have been disadvantaged because of your age.
If you cannot resolve the matter informally, it is advisable to raise an internal grievance using your employer’s grievance procedure. Your employer should investigate your concerns and arrange a meeting with you to discuss. If you are not happy with the outcome, you can bring a claim in the Employment Tribunal whilst you are still employed, provided that the claim is issued within three months less one day from the date of the alleged discriminatory act.

At the office Christmas party, my boss told me he has a ‘thing’ for me. Since then it has been really awkward in the office, he has moved me to another department and this upset me. I haven’t done anything wrong and really loved the department I was in. Do I have any rights to request to go back?
Sexual harassment occurs when someone engages in unwanted conduct of a sexual nature that creates an intimidating, hostile, degrading, humiliating or offensive environment. This of course is an issue which should be treated very seriously, however it can sometimes be difficult to classify.
There is no single definition for sexual harassment as the test is subjective and considers how the treatment made the recipient feel. It can include a range of actions from ‘mild transgressions to sexual abuse or assault’ and can occur in areas such as the workplace. The Equality Act 2010 also protects employees who have been treated less favorably because they rejected this conduct.
You should raise a formal grievance and as part of the desired outcome ask to be moved back to your old department. If the matter does not get resolved, you have three months less one day from the date of the alleged act to make a claim in an Employment Tribunal.

Keep your questions coming – Doncaster Echo and Taylor Bracewell want to help you get the answers you need! All you need to do is send us your questions and the experts will do their best to put your mind at ease. Email your questions to info@createtvt.co.uk and we will then send them over to Taylor Bracewell and your answers will be published in the next edition of Doncaster Echo and on our website at www.doncasterecho.co.uk

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