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Question

Difficulty: MediumTreating Others with Fairness

An employer decides not to promote a qualified staff member because they are over the age of 60, stating that they would prefer a 'younger face' to represent the company. Under the Equality Act 2010, why is this decision unlawful?

  1. It is direct discrimination based on age, which is a protected characteristic.Answer
  2. B
    It is only unlawful if the employer uses offensive language or hate speech when explaining the decision.
  3. C
    The responsibility to treat others fairly only applies if the employer personally agrees with the employee's values.
  4. D
    The Equality Act 2010 only protects individuals from discrimination based on their race or disability.

Answer

The decision is unlawful because age is a protected characteristic under the Equality Act 2010, and discriminating against an employee because of their age is illegal.
Under the Equality Act 2010, it is illegal to discriminate against anyone because of their age. This protection extends to all aspects of employment, including recruitment, training, and promotion. Denying a qualified person a promotion simply because of their age is a form of direct discrimination, which violates the fundamental British principle of treating others with fairness.

Step-by-Step Solution

1
Identify the basis of the employer's decision.
The employee was denied a promotion specifically because of their age (being over 60).
To determine if the action falls under the scope of equality legislation.
2
Consult the Equality Act 2010 regarding protected characteristics.
Age is clearly listed as one of the nine protected characteristics.
The Act defines the specific traits that are protected from unfair treatment in public and professional life.
3
Apply the principle of fairness to the employment scenario.
Directly treating someone less favourably in recruitment or promotion due to a protected characteristic is unlawful.
Treating others with fairness is a fundamental responsibility that prevents exclusion based on traits like age.

Key Concept

Protected Characteristics and Fairness in Employment
Estimated Time:45s
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Topics

Treating Others with Fairness

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