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Age stereotyping: a legal and fieldwork analysis

Lyndsey Bengtsson (Department of Law, Northumbria University, Newcastle upon Tyne, UK)

International Journal of Law and Management

ISSN: 1754-243X

Article publication date: 23 October 2019

568

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.

Keywords

Acknowledgements

The author would like to thank Professor Sue Farran, Victoria Murray and Ana Speed for their helpful comments throughout this research.

Citation

Bengtsson, L. (2019), "Age stereotyping: a legal and fieldwork analysis", International Journal of Law and Management, Vol. 61 No. 3/4, pp. 485-504. https://doi.org/10.1108/IJLMA-12-2017-0296

Publisher

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Emerald Publishing Limited

Copyright © 2019, Emerald Publishing Limited

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