01-01-2007
Adhering to age discrimination regulations
Legislation passed in October 2006 made age discrimination in the workplace illegal. For recent start-ups what does this mean for business?
This legislation is aimed at extended the same equal-treatment principles that apply under sex, race, disability and religious discrimination regulations.
An ageing population coupled with growing pensions concerns that are forcing many workers to work later in life have focused attention on this area of the population, one the government feels is to date legally underrepresented at work.
The laws, as outlined by the government, will mean the following for employees in all walks of life, public and private:
- no forced retirement at 65, unless necessary and justified
- an end to the current practice whereby employees lose unfair dismissal rights if they work beyond a company's standard retirement age
- no more age discrimination in training, for instance in picking which employees attend training and professional development sessions
- employers must give six months' notice prior to asking an employee to retire
Disagreement between employer and employee over suspected age discrimination can – as of October 1st – be referred to an Employment Tribunal if not successfully resolved in-house.
A recent study suggests that this legislation is definitely needed, with the Employers Forum on Age (EFA) reporting three in five UK workers (61 per cent) have witnessed ageist behaviour at work.
And this does not just apply to older workers, but younger ones as well: a quarter of respondents (23 per cent) said they'd seen an older colleague given a job over a younger candidate, regardless of their experience.
A third (31 per cent) also identified ageism in pay, where younger colleagues with the same experience and responsibilities were paid less than their elders.
Sam Mercer from the EFA believes "ageism is endemic in our society and rife in our workplaces," a problem he believes must be "challenged".
The EFA survey also reported that close to half of the respondents were unaware of the new rules coming in, highlighting the importance of senior managers educating their staff and advocating best practice.
Impartial, free advice on all employment issues are available from the Advisory, Conciliation and Arbitration Service (Acas) and Citizens Advice.
