Addressing Age Discrimination in the Workplace
Research conducted by the Centre for Ageing Better reveals that 37% of workers in their 50s and 60s have experienced age discrimination specifically in the workplace. This statistic highlights a pressing issue that organizations must address.
The Importance of Inclusion and Diversity
According to Claire McCartney, senior inclusion adviser at the Chartered Institute of Personnel and Development (CIPD), “Genuine inclusion with equality of opportunity boosts workforce diversity, helps address skill and labor shortages, and enhances an organization’s reputation and brand.” Given the UK’s ageing population, the proportion of workers aged 50 and over is projected to rise, particularly if retirement ages increase. Therefore, it is crucial for employers to implement effective people management policies that maximize the skills of an age-diverse workforce.
The Experience of Younger Workers
On the flip side, a staggering 93% of young people (aged 16-25) have reported negative behavior at work due to their age. Alarmingly, one in ten employers have refused to hire a young applicant based on age alone. To avoid potential legal repercussions, organizations must take steps to prevent such discriminatory practices.
Understanding Age Discrimination
Age is one of the nine protected characteristics under the Equality Act 2010, alongside disability, sex, race, and religion/belief. Age discrimination can manifest in several ways:
- Direct Discrimination: Treating individuals less favorably due to their age.
- Indirect Discrimination: Implementing policies that disadvantage certain age groups.
- Harassment: Subjecting someone to offensive behavior based on age.
- Retaliation: Unfair treatment of individuals who complain about discrimination or harassment.
Where Age Discrimination Occurs
Age discrimination is prevalent during key employment processes, including:
- Recruitment
- Training opportunities
- Promotion pathways
- Compensation and benefits
- Performance evaluations
- Redundancy processes
- Retirement decisions
- Termination of employment
- Flexible working arrangements
Employers often justify age-based decision-making under the guise of “provision, criterion, or practice”. For example, denying training opportunities based on assumptions about nearing retirement age can contribute to an ageist culture.
Understanding the Default Retirement Age
It is important to note that the default retirement age was abolished in 2011, allowing employees to determine their retirement timing. Exceptions only apply in cases where the work is physically demanding or directly impacts public safety.
Exceptions to Age Discrimination Rules
Discrimination may be justified when an employer demonstrates that the action taken serves a legitimate aim and is proportionate. For instance, policies benefiting specific age groups may be permissible to promote inclusivity, provided they are balanced and nondiscriminatory. Companies must assess their needs against potential discriminatory practices, ensuring that their rationale aligns with societal benefits.
Striking the Right Balance
Employers should regularly evaluate the demographic composition of their workforce. An imbalance, such as a declining number of younger workers, may necessitate proactive recruitment strategies that favor hiring younger candidates to restore diversity. Dianah Worman from the CIPD emphasizes, “It’s good to have a mix of ages in your workforce. It creates a productive blend of experience and enthusiasm.” Ignoring age discrimination laws could result in significant legal and reputational consequences.
Age Discrimination Across the UK
Age discrimination regulations are consistent across Scotland and Wales, while Northern Ireland applies a similar framework to the Equality Act 2010 through The Employment Equality (Age) Regulations (Northern Ireland) 2006.
Further Resources
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