Age Discrimination

The anti-discrimination legislation has been introduced in the UK since 1975 with the 2006 anti-Age Discrimination regulations completing the set of such laws. However, unlike all other anti-discrimination legislation, this latest requirement affects every employer and every employee. These effects must be managed effectively to avoid expensive compensation payments.

Recruitment
Only in relatively rare instances should words be used that contain any reference to age, or give an impression of a preferred age. Traditionally, copy for advertisements has included phrases such as 'young and dynamic', 'energetic', 'graduate', 'needs youthful outlook', 'mature', 'needs flexibility' – but use of these words is debatable.

Phrases and descriptions that are 'age-neutral' should be used or subjective descriptions should be avoided and the description should concentrate on the essentials of the job and the challenge. Age-neutral phrases could include, for example, 'able to deal with pressure', 'self-starter', 'educated to tertiary and so on. The staged age payments related to the National Minimum Wage are exempt from the discriminatory aspects of the new regulations but an employer's own age rates are not.
Person Descriptions (PDs) and Job Descriptions (JDs)

Very often PDs actually generate the very language and phrases such as those referred to above which are likely to be in breach of the legislation. By their nature JDs should not be age specific -other than reflecting any legal requirements- and thus may be less likely to require alteration however, it would be as well to check that this is the case.

Appointment — Contract Terms/Handbook Content

Sometimes terms can be used in both contracts and handbooks which are age discriminatory. Any benefit, or disbenefit, which is linked to the attainment or non-attainment of a particular age could be held to be discriminatory and should be revised to become age-neutral. However, benefits related to years of service may not breach the legislation unless they are manifestly unfair since only those of a particular age could qualify.

Appraisal

When completing 'appraisal' or 'performance review' documentation, all managers and supervisors should be trained to ensure they avoid any reference to age or phrases that generate the concept of a required, preferred or 'not preferred' age. During the appraisal interview whilst it should be acceptable to state: 'I think you need x months training'; stating instead 'we won't be able to promote you until you are 25' could be discriminatory. If Appraisal is linked to Training no age limits should applied to either aspect

Promotion

The test for promotion should be reduced to the simple assessment 'is this person — with the skill and experience they have — appropriate to perform the collection of duties which together comprise this job'. In this regard it might be acceptable to stipulate that, say, '3 years experience' was essential before a person could be considered provided this was an objective requirement.

Training

Almost inevitably when considering training personnel, the question of how long a person is likely to remain with the organisation — and thus for how long they will benefit from the training and the sponsoring organisation will obtain a return on its investment — is likely to be raised.

Bullying, Victimisation and Harassment

Employers should have become used to ensuring that such practices do not occur based on sex, race and disability, and more recently religion and religious belief and sexual orientation, they may perhaps have overlooked that such practices could be occurring on an 'ageist' basis. For example, words and phrases such as 'grey haired', 'wrinkles', 'long in the tooth', 'granddad', 'you coasting to the pension, then?', 'baby-faced', 'young 'un', 'immature', 'why aren't you retired' etc., are all arguably age discriminatory. Even sending an employee colleague a birthday card with some of the above comments might be held to be discriminatory!.Unfortunately it is very likely where employees continue working past their traditional retirement ages thereby occupying jobs that could have allowed promotion to younger employees that there could be a backlash from the latter employees.

Working Environment

As well as ensuring bullying etc on an ageist basis does not occur, employers will also have to ensure that they plan for the implications of people working longer than has been customary. Not only will this impact promotion prospects for younger employees, but also ultimately there could be a number of instances where an employee wishes to work past the time when their employer thinks they are ceasing to perform adequately. This could result in capability investigation/disputes. Since these could involve longer service employees this could be particularly unfortunate.