Ways To Prevent Age Discrimination

The law applies to all areas of employment, including: recruitment. terms and conditions. pay and benefits. work status. training and promotion opportunities. redundancy. and dismissal.

Despite this, recent research indicates that age discrimination is still rife in the workplace and UK businesses are failing to take it seriously. Some employers continue to have stereotypical views of older and younger workers. older workers being seen as having wide experience, being loyal, having better time keeping and being interested in having a work-life balance, while younger workers were seen as open to new ideas and ambitious but inexperienced and not likely to stay in the job long. In some cases it may be that the introduction of legislation has not changed attitudes and biases, but simply driven them underground.

Without doubt, the most common potential age discrimination issues occur at either end of the employment spectrum – recruitment and retirement.

In respect of recruitment, care should be taken to ensure that job advertisements do not imply that a person of a particular age should not apply for the job (unless that job has a Genuine Occupational Requirement). Language and images with age connotations should be avoided as should age related criteria. For example, requiring a job applicant to have 10 years work experience may, unless objectively justified, amount to unlawful indirect age discrimination against younger applicants. Careful consideration should be given to job descriptions and selection criteria. It may be advisable to replace length of experience criteria with a requirement for proven skills in that area. Where specific qualifications are required these should not disadvantage people of a particular age compared with people of other ages (for example a requirement for GCSEs should be broadened to include equivalent qualifications that may be held by different age groups such as 'O' Levels). Interviewers should, wherever possible, avoid asking questions relating directly or indirectly to age during the interview. Interviewers should also try to avoid stereotypes based on the applicants age (or apparent age).

Currently, UK law permits employers to implement a Default Retirement Age (DRA) of 65. In addition, employers may refuse to consider an application for employment from anyone who applies for a job within 6 months of their 65th birthday (or the employers normal retirement age, if this is over 65).

Employees who are due to retire must be given between 6 and 12 months written notification of the intended date of retirement and of their right to request continued working. If an employee submits a request to continue working, then the statutory retirement procedure for dealing with that request must be followed in order to avoid successful claims of unfair dismissal and age discrimination.

The Government is currently reviewing the DRA, with a view to its removal (or possible increase to a higher age). However, the DRA enables businesses to plan and develop their workforces. In its absence, employers would find it increasingly difficult to make necessary changes. In addition, though it might not be a politically correct thing to say, the reality is that some jobs are just not suited to older workers. An increase in acrimonious capability-based dismissals would be the inevitable price for removing the default retirement age.

If you would like any advice about Age Discrimination, contact Peninsula 0161 834 2255.