Age discrimination is a complicated area of law and it deserves a lot of consideration to avoid potential problems. It is easy to see that saying someone is too old or too young is discriminatory, but what about issues surrounding medical insurance or even insurance to drive on behalf of the company. Purple Parking had to pay out some £700,000 after claiming that their insurers were setting limit of 67 years old in the insurance policy (Wright & Others v Purple Parking Limited). This was actually untrue and it had been Purple Parking themselves who had requested the limit. As soon as emails between the insurer and the Respondent were uncovered the Respondents conceded the case and ended up with the substantial bill. The amounts of payout were increased by £4000 to each of the claimants in Aggravated Damages an award rarely made and only in cases where the Respondents have acted in a high handed or vindictive manner.
There have been other cases where the Respondents lost even when an insurance company has genuinely made an age limiting term in their policies. In Oasis Taxis (Foreman v Oasis Taxis Mansfield Limited) there was a term in their policy to only insure up to 70 years old. The Claimant won his claim for age discrimination because the Respondents had failed to enquire of other insurers if they would insure anyone over 70. The same outcome has been seen where a company did not seek an alternative insurer for medical expenses cover when the businesses usual insurer would not insure past the age of 55.
If you think that you may have an age discrimination issue please call us on 0845 070 0505 (Please note: Calls to this number will cost approximately 4p per minute plus your telephone company’s access charge) (Please note: Calls to this number will cost approximately 4p per minute plus your telephone company’s access charge) or 0115 988 6211.