Age stereotyping: a legal and fieldwork analysis

Abstract

Purpose The purpose of this paper is to report on fieldwork observation of direct age discrimination cases within employment tribunal (ET) hearings over a three-year period. The observation focussed upon whether the witness evidence revealed age stereotyping by employers and whether the ET panel addressed the stereotyping in its questioning and in its judgments. The observation was combined with an analysis of jurisprudence relating to direct age discrimination over an 11-year period. Design/methodology/approach This research analysed a sample of 90 ET judgments concerning direct age discrimination, which included five fieldwork observation cases concerning direct age discrimination in an ET. Findings This paper opens a window on age stereotyping in the workplace, illuminating the existence of age stereotypes in the context of ETs and the approach of the courts towards stereotypes in the sample is analysed. Research limitations/implications The fieldwork observation is limited to one ET and may not necessarily be representative of all tribunals; however, the findings are supported by a wider qualitative analysis of ET judgments. Practical implications This paper provides pertinent learning outcomes for claimants, employers and key implications of legal decisions for human resource policy and practice in organisations. Originality/value The paper is the first to conduct fieldwork observation on age stereotyping in an ET, combined with a profile of direct age discrimination claims over the period studied.