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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47355
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I am aged 71 and have been an employee in my place of work

Resolved Question:

I am aged 71 and have been an employee in my place of work for 30 years. Now a widow I work 2 days and share the admin work with the Director,s wife. I am now asked to do a time and motion working out how long everything takes me to do. It was pointed out that the other employee in our sister practice was asked to do the same, her age is early 30s. I feel we are being compared and its ageism.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.
Hello how do you think the employer will use that information?
Customer: replied 1 year ago.
I think he will use it to compare the amount of work we both do and how long it takes us. Although I am much more experienced I have a lot more interruptions with questions from the staff regarding the Nhs work we deal with. I am an admin officer in a busy Optical practice and in our sister practice the Manager deals with all this, ours doesn't. My pay is poor for what I do and I have worked there for 30years. The business is a large Franchise.
Expert:  Ben Jones replied 1 year ago.
Hello, whilst thee may indeed be a comparison, it is not automatically done on grounds of age. It could be that if you were the same age group as her you could have been asked to do this anyway. What will be important is how the employer uses this information. If for example they find that you do the work considerably slower than the other person and this is as a result of your age, then they should not penalise you for it or treat you detrimentally. That would be age discrimination. They could use this to try and identify weak areas and help you – they have the right to ensure their business is run efficiently and identify any weak performance areas by employees, even if it is due to things like age or medical conditions. The key is that you are not penalised as a result and that they use this to try and help you resolve any potentially weak areas.This is your basic legal position. I have more detailed advice for you in terms of the rights you have if the employer appears to treat you detrimentally as a result of this, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there I no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you
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Expert:  Ben Jones replied 1 year ago.
Thank you. If, as mentioned, you believe that their actions have a discriminatory slant, you can consider taking the matter further. Initially this should be done via the formal grievance procedure at work. If the outcome is not to your satisfaction you can appeal. Following the appeal your options are as follows:· You can make a direct claim for age discrimination in the employment tribunal (this must be done within 3 months of the alleged discriminatory act taking place); or· If you believe that as a result of this you can not continue working there, you can resign and claim constructive dismissal and/or age discrimination (again this must be submitted within 3 months of resignation)

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