Keep my age out of it! Print E-mail
Written by Penny Cottee, 2006   
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Penny Cottee takes a look at the new age discrimination legislation that has joined the laws protecting us against discrimination based on race, gender, disability, religious belief and sexual orientation. Worklife in Britain is poised to undergo a huge cultural shift, which will challenge deep-rooted perceptions and prejudices. The new age discrimination law, which hit the statute books on 1 October this year, shines a powerful spotlight on the way we use age on a daily basis to make decisions about each other at work. The law’s impact will be widely felt.

Companies advertising for ‘young’ job applicants will now be acting unlawfully. Bosses who deny staff members training because they think they’re ‘cruising to retirement’ could be hauled off to a tribunal. And jaunty jokes about a colleague’s age may not just cause offence, but could constitute an actual offence. In fact, the time may come where we think twice about sending our workmates tongue-in-cheek birthday cards bearing sentiments such as “Too bad you’re over the hill!”

The new law aims to put an end to ageism at work and in training, and has been hailed as the biggest shake-up in employment legislation since the race and sex laws of the 1970s. “Age represents the last piece in the equality jigsaw, joining the laws which protect us from discrimination based on race, gender, disability, religious belief and sexual orientation,” says Sam Mercer, Director of the campaigning network Employers Forum on Age (EFA). All discrimination laws have ultimately been brought together under the new Commission for Equality and Human Rights, launched this October.

ImageAlthough aimed at all employees, some workplace commentators believe the new law will be welcomed by older female workers and returners. “It could give them a fantastic boost,” says Joy MacMillan, Chief Executive of the Women Returner’s Network. “It’s one thing to say you mustn’t discriminate, but to have a law in place will be a great help to those worried about being too old to re-enter the workplace.” Such words will surely be music to the ears of many women. Research from the EFA shows that women are much more likely than men to be put off applying for jobs because of their age.

Regulations

Although aimed at all employees, some workplace commentators believe the new law will be welcomed by older female workers and returners. “It could give them a fantastic boost,” says Joy MacMillan, Chief Executive of the Women Returner’s Network. “It’s one thing to say you mustn’t discriminate, but to have a law in place will be a great help to those worried about being too old to re-enter the workplace.” Such words will surely be music to the ears of many women. Research from the EFA shows that women are much more likely than men to be put off applying for jobs because of their age.

Regulations

Far from merely banning age requirements on job advertisements, the law covers all areas of work. Employers face a raft of complex regulations covering every aspect of relations with their staff, from recruitment to training, from redundancy to perks, and from salaries to retirement. In essence, however, the law is simple. Patrick Grattan, Chief Executive of the Third Age Employment Network (TAEN) explains: “A person’s age should play no part in employment decisions. The aim is to break down barriers to opportunities, for people of all ages.”

The plan is that Britain’s workplaces become ‘age neutral’ meritocracies. “Being selected for a job, for career development or any other employment opportunity, should be based entirely on your suitability – your skills, experience, qualifications and competencies,” says Mercer. “And if you’re not selected, employers will have to demonstrate clearly that your age was not the reason.”

Direct age discrimination is easy to spot – companies who, despite glossy policy statements, in reality employ only 25–30-year-olds. Or firms who, for example, insist on medical check-ups for all staff over 55 to see if they are still ‘up to the job’.

But inequitable treatment can be subtle. If a company always advertises jobs in the same place – on the Internet, say – that may unfairly exclude older people from applying. And what if your firm decides to restrict health care provision to full-time staff? If part-timers are mostly older workers, they are being indirectly discriminated against on the basis of age.

This new legislation will force us all – employers and employees – to question traditional work practices and our own prejudices. As of October, for instance, using words like “young” or “mature” in job ads, and phrases like “minimum three years’ experience” have been outlawed. Accepted concepts such as graduate trainee schemes aimed at ‘recent graduates’ will be scrutinised – surely they exclude older graduates? Age-related pay will be questioned, too. But when you consider it, why should two people doing the same job be paid differently because one is older than the other?


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