How can I avoid age discrimination?

Introduction:

Age discrimination is where an employee is treated unfavourably because of their age or because they are part of a particular age group. Age is one of the nine ‘protected characteristics’ as defined under Section 4 of the Equality Act 2010 and therefore it is unlawful for an employer to discriminate against a person based on their age.  However, there are exceptions to the rule namely; age-based concessions, age-related holidays, age verification, clubs and associations concessions, financial services, immigration, residential park homes, and sport.

There are four ways in which an employee may experience discrimination including, direct discrimination, indirect discrimination, victimisation, and harassment.

A study conducted by CIPHR in 2021 found that ‘the most common form of workplace discrimination reported is age discrimination, with more than 1 in 10 adults in the UK saying that they think their age has been a factor in not getting jobs they’ve applied for (11%) and more than 1 in 20 (5.7%) saying that they’ve experienced workplace discrimination based on their age’.

Undoubtedly age discrimination is a prevalent issue within the work place and can result in claims being brought in the Employment Tribunal. Research by CIPHR found that age discrimination claims ‘had an average pay-out of £39,000 in 2019/20’. There are steps that employers can take to ensure that instances of age discrimination in the workplace are reduced, to reduce the risk of potential discrimination claims.

Ways to avoid age discrimination in your workplace

Training in the workplace

Regular training for employees and employers is arguably one of the most important steps that can be taken to avoid any type of discrimination including ageism.

Training will help new and existing members of staff to recognise the signs of discrimination and remind employees to be mindful of their actions to prevent discrimination in the workplace. In addition, diversity and discrimination training can give employees the confidence to report instances of discrimination to senior management and enforce a company’s no tolerance approach to discrimination in the workplace.

ACAS offer training in equality, diversity and inclusion in the workplace which can be a good starting point for employers to implement in their workforce and management processes in order to satisfy compliance.

Job vacancy adverts

The wording used when a company advertises job vacancies can inadvertently exclude and alienate particular candidates which can cause age discrimination. It can also result in the company missing out on important skills and experience that candidates have to offer the company.

Age UK recommends that employers should not include age limits and avoid using time limits that would exclude potential applicants when advertising job roles for example, “‘10 years’ experience’, ‘enthusiastic young people’ or ‘ recent graduates’”.

Employers should also be mindful of where they advertise their job vacancies.  For example, it may be indirect discrimination if an employer does not advertise their roles on a platform that is accessible to candidates of all ages.

Gov UK confirms that an employer can only ask for an applicant’s date of birth ‘if the applicant must be a certain age to do the job, for example selling alcohol’. Furthermore, the person interviewing the candidate must not be aware of the applicant’s date of birth in order to avoid any prejudice or unfair treatment during the interviewing and hiring process.

Include a Diversity, Equality and Inclusion Policy

The inclusion of a Diversity, Equality and Inclusion policy, also known as an equal opportunities policy, in a company’s employment documents can not only reduce the likelihood of employer grievances, but can also  promote a happy, productive, diverse and inclusive workforce which will evidently benefit the company as a whole and its employees.

An equal opportunities policy can also outline the company’s procedure when discrimination arises and the reporting process so that employees can raise a grievance to senior members of the team.

Crucially, by including a diversity, equality and inclusion policy it will give the company peace of mind that their documentation is compliant with the Equality Act and may help support an employer’s defence in the event that the company is subject to a claim in the Employment Tribunal.

It is clear that age discrimination is a prevalent topic in Employment Law and it is vital that employers and employees are equipped with the learning resources and knowledge to prevent age discrimination instances occurring in the workplace. Due to the high reports of workplace age discrimination and the vast settlement sums awarded by the Employment Tribunal, it is also imperative that employers have clear guidance within their employments documents to provide clarity and outline reporting procedures in the event that a grievance is raised. Employers should promote an inclusivity and diversity to create a happy and productive workforce which arguably is beneficial to both the employee and the employer.

If you have concerns or questions about age discrimination in your workplace or are interested in implementing diversity, equality and inclusion policies in your employment documents please contact our Employment Team by emailing employment@warnegoodman.co.uk or calling 023 8071 7717.