Direct and indirect discrimination on the basis of age is now unlawful in the employment field (including vocational training) as from 1st October 2006, unless objectively justified.
In the UK, The Employment Equality (Age) Regulations came into force on 1st October 2006. They were required throughout the EU by the EC Equal Treatment Framework Directive 200078EC of 27th November 2000.
This article will be useful reading for all employers and employees.
Do the regulations apply to me?
The Regulations were introduced in October 2006 to combat age discrimination in employment and vocational training. The regulations apply to all employers in the private and public sectors, vocational training providers, trade unions, professional organisations, employer organisations and trustees and managers of occupational pension schemes. They cover employees of any age and other workers, office holders, partners of firms and others.
The regulations affect all areas of employment including
Recruitment, terms and conditions, promotion and transfers;
The provision of training;
Provision of benefits;
Dismissal;
Retirement;
Occupational pensions.
The Regulations apply to all ‘workers’, including job applicants.
Age discrimination disincentives workers
Workers who are subject to age discrimination are likely to:
Lack motivation;
Resign;
Make a claim to an employment tribunal.
Additionally, age discrimination can
Damage your businesses reputation;
Increase costs because of higher employee turnover;
Make you liable to pay compensation following the successful claim by an employee. There is no upper limit on this compensation.
Summary of the Regulations
The Regulations outlaw
Direct discrimination – that is, to treat them less favourably because of their age;
Indirect discrimination – that is, to apply a practice, criterion or provision which disadvantages people of a particular age unless it an be objectively justified;
Harassment;
Victimisation;
Discriminate against someone after the working relationship has ended.
An Equality policy and action plan
To begin to address fairness at work, you can use an equality policy and action plan, or update an existing one. If your current plan does not include age related matters, it is essential that your updated version does. When drawing up the plan, it is a good idea to consult with your employees and their representatives.
Make sure the policy and plan address
Recruitment selection and promotion;
Training;
Pay, benefits and other conditions;
Bullying and harassment;
Retirement.
Ensure all employees know about the policy and plan and what is expected of them. A method of communicating the policy should be part of your initial thoughts on making a plan. You should ensure that your employees are aware of what is expected of them because you are most likely to be vicariously liable for any discriminatory actions they take. By communicating your commitment to eliminate and prevent age discrimination, you are aiding your defence should there be a claim made against you.
Recruitment
Base your recruitment decisions on the skills required to do the job. Avoid stereotyping people because of their age:
Remove age date of birth from the main application form;
Include in the application form, a ‘diversity monitoring form’ to be retained by HR;
Avoid asking for unnecessary information about periods and dates because this could sound like age-related information;
In the job description, avoid references to age – for example; do not ask for someone with ‘x year’s experience’;
Advertise in a way which is accessible to a large audience;
Do not use words such as ‘mature’, ‘young’, or ‘energetic’ as these could be interpreted as indirect discrimination;
Think about the hidden messages in your recruitment blurb, such as pictures;
If you ask for graduates, make it clear that you are not only looking for people in their early twenties.
Retaining good staff
Many factors motivate employees to stay with one particular organisation. Employees are more likely to stay if they feel positive about your organisation and if they are treated with respect, regardless of their age.
Opportunities for promotion and training should be made known to all employees and be available to everyone on an equal basis.
Where employees apply for internal transfers, take care with informal and verbal references between departmental heads, supervisors etc. They should all be non-discriminatory
Job-related training or development should be available to all employees regardless of their age. Monitor the training to make sure that no particular age group is missing out.
Review the style and location of training to ensure there are no barriers to a particular age group attending, it is suitable for people of all ages, and that everyone is encouraged to participate
Redundancy selection
Check that procedures for redundancy selection are free from discrimination. Practises such as “last in, first out” and using length of service in any selection criteria are likely to be age discriminatory.
Policies and procedures
Review all staff policies and procedures, including those such as
Sickness absence;
Leave and holidays;
Discipline and grievance;
Staff transfers;
Flexible working;
Use of computers;
Individual space requirements (ergonomic policies).
Retirement age
The new legislation provides for a default retirement age of 65. Compulsory retirement ages below 65 are unlawful unless objectively justified. In addition, employees have the right to request to work beyond that age. Employers have a duty to consider such requests.
You should check there are no hidden age barriers in your selection and promotion processes - e.g. aim to place advertisements in publications read by a range of age groups, and avoids using terms which imply a particular age group, such as mature, enthusiastic, highly experienced or recent graduate. You must also make sure that your redundancy procedures are based on business needs rather than age.
Practical steps to take now
Base recruitment and promotion on skills, ability and potential;
Encourage training and development for all employee;
Make redundancy selections only in accordance with the needs of the business;
Apply retirement plans fairly. They must take into account the needs of the business and the needs of the employee.
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