On 1 October 2006, one of the most far reaching
pieces of legislation this century came into force to
prevent discrimination against workers, employees, job
seekers and trainees on the basis of their age.
Its importance is underlined by the fact that nearly
a third of all workers will be over the age of fifty by
2020, which means that businesses increasingly need to
recognise the benefits of age diversity in the workplace.
Unfortunately, a recent survey of over 150 organisations
indicates that most businesses are not prepared for
the changes. Employers need to ensure they have the
appropriate policies and procedures in place to deal with
age discrimination and should raise awareness of it so
that acts of discrimination on the grounds of age can be
prevented.
Direct and indirect
discrimination
Both direct discrimination (treating someone less
favourably because of their age or because of the age
they appear to be) and indirect discrimination (having
a policy or practice which puts people of a certain age
at a disadvantage, compared with other people) are
unlawful.
An example of direct discrimination would be where
someone with all the skills and competencies to
undertake a role is not offered the position just because
they completed their professional qualification 30 years
ago. Other examples could include refusing to hire a
40 year old because of a company’s youthful image,
not providing health insurance to the over 50’s and
not promoting a 25 year old because they may not
command respect.
A business requiring applicants for a courier position to
have held a driving licence for five years is likely to be
guilty of indirect discrimination. A higher proportion of
people aged between 40 and above will have fulfilled
this criteria than those aged 25. Other examples
of indirect discrimination could include seeking an
‘energetic employee’, requiring 30 years of experience
or asking clerical workers to pass a health test.
Unlike other forms of anti-discrimination legislation,
however,