New Acas guidance aims to tackle age discrimination in the workplace

The guidance provides examples of how age discrimination can occur in the workplace, advice on how to avoid discriminating against employees and links to Acas' top ten myths of age discrimination.

Age is one of the nine protected characteristics in the Equality Act 2010 (EqA) and was historically thought to be less important than other protected characteristics. However, it is now the most common area for discrimination claims. In 2017/18 there were 6,720 claims received by the employment tribunal and the average award was £6,796.

Law
Section 5 of the EqA provides protection to job applicants and employees of all ages.

Discrimination can take a number of forms.
• Direct discrimination – by treating a job applicant or employee less favourably than others because of age. Unlike other strands of discrimination, direct age discrimination may be justified where it is a proportionate means of achieving a genuine business aim.
• Indirect discrimination – by applying a policy, practice or criteria that particularly disadvantages job applicants or employees of a certain age or age group and cannot be justified.
• Harassment – where a job applicant or employee is subjected to 'unwanted conduct' related to their age, their perceived age or the age of someone else they are associated with which has the effect or purpose of, for example, creating an offensive environment for them.
• Victimisation – where a job applicant or employee suffers a detriment, for example because they have brought proceedings under the EqA, or have given evidence or information in connection with a discrimination complaint.

Common areas where discrimination may occur
The guidance identifies the following areas where age discrimination is most likely to occur:
• recruitment
• training
• promotion
• pay and terms and conditions of employment
• performance management
• redundancy
• retirement
• dismissal
• flexible working.

Tips for avoiding age discrimination
To minimise the risk of potential age discrimination claims, Acas suggests that employers:
be clear in the job description and at interview, on what skills are needed for the role so managers are objective about assessing and selecting applicants
1. only request personal information on the application form or in the interview that is relevant to the job
2. ensure all employees, regardless of age are made aware of training opportunities
3. avoid having different terms and conditions of employment (such as a bonus) because of an employee's age, perceived age or the age of someone they are associated with
4. treat employees consistently when assessing their performance and goals, regardless of their age.

Comment
Christopher Meaden, a Solicitor in our Employment team commented:

“Employers should consider identifying potential areas where applicants or employees may encounter age discrimination and provide a clear organisational message on age discrimination.

“It is recommended that employers review their policies and practices in light of the new guidance, both in relation to job applicants and employees and provide training to minimise the risk of claims of age discrimination.”