Age Discrimination in the Workplace
Age discrimination can be experienced by employees throughout the working population. Not just those approaching retirement and those “inexperienced juniors” just entering the workforce, but any individual losing out on roles, promotion, opportunity due to their age, or perception of their age.
As a population we are living longer and retiring later. This means more age diverse workforce than ever before with all its attendant issues from ‘overcrowding’ at senior levels and performance management of long serving employees but also a significant divergence in communication styles.
Employees must not be treated differently, unfairly or less favourably because of their age or their apparent age. The law provides protection from:
- Direct discrimination (being treated less favourably because of age).
- Indirect discrimination (being a disadvantage because of a seemingly neutral provision, criterion or practice).
- Victimisation (being subjected to a detriment because of a complaint about discrimination or assisting a victim of discrimination i.e. by being a witness for them or a ‘companion’ at meetings).
- Harassment (being subjected to unwanted conduct related to age, which violates dignity or creates an intimidating, hostile, degrading, humiliating or offensive environment).
Discrimination can include stereotyping, for example dismissing (or not recruiting) someone because they are perceived to be “too young” or “too old”. Depending on the circumstances, it may be unlawful to require a minimum number of years’ experience for a job. If this is not necessary for the job itself, it may amount to indirect discrimination, a seemingly neutral provision that indirectly disadvantages a person or a group of people:
Discrimination will not be unlawful if the provision, criterion or practice (PCP) is designed to achieve a legitimate aim or a genuine business reason. It will be for the employer to show that the relevant “discriminatory” policies can be objectively justified as a “proportionate means of achieving a legitimate aim”. For example, it is generally unlawful to require someone to retire because of their age, unless it can be objectively justified. The courts have provided guidance which suggests that in some circumstances social policy objectives could be lawful, such as encouraging career progression for younger employees.
Harassment in the workplace because of age is unlawful and can never be justified. Harassment includes comments or actions that may be perceived as ‘banter’ by other employees if such banter is unwanted and makes the subject of it feel like their dignity has been violated or that such conduct creates an intimidating, hostile, degrading, humiliating or offensive environment for them. This could include derogatory generalised discussions about “the elderly” for example.
If an employee raises a concern about being discriminated against or being treated unequally because of their age, employers must not victimise them for doing so. Employees must be able to raise their concerns without fear of being subjected to detriments.
Understanding Age Discrimination in the Workplace
Age discrimination, also known as ageism, occurs when an employee or job applicant is treated unfavorably because of their age. This form of discrimination can affect both older and younger workers, though it most commonly impacts older employees. In the workplace, age discrimination can manifest in various ways, including biased hiring practices, unequal access to training and promotion opportunities, unfair dismissals, and derogatory remarks about age. Addressing age discrimination is crucial not only for compliance with legal standards but also for fostering a diverse and inclusive work environment where employees of all ages can thrive.
Legal Framework Addressing Age Discrimination
In the UK, age discrimination is prohibited under the Equality Act 2010, which protects individuals from discrimination based on protected characteristics, including age. The Act applies to all aspects of employment, from recruitment and selection to terms and conditions, promotions, transfers, dismissals, and training. Employers must ensure their policies and practices comply with this legislation to avoid legal repercussions and promote fairness. This includes providing equal opportunities for employees of all ages, making decisions based on merit rather than age, and ensuring that workplace policies do not indirectly disadvantage certain age groups unless objectively justified.
Recognising and Addressing Age Discrimination
Recognising age discrimination is the first step toward addressing it effectively. Signs of age discrimination can include age-related comments or jokes, being passed over for promotion or training in favour of younger employees, or being pushed towards early retirement. To combat age discrimination, employers should implement clear anti-discrimination policies, provide regular training on diversity and inclusion, and promote a culture of respect and equality. Additionally, establishing a robust grievance procedure allows employees to report incidents of discrimination without fear of retaliation. Employers should investigate all complaints thoroughly and take appropriate action to resolve them.
The Age Discrimination Act
The Age Discrimination Act, enshrined within the Equality Act 2010 in the UK, provides robust legal protection against discrimination based on age in various aspects of employment and service provision. This legislation makes it unlawful to treat someone unfavorably because of their age in contexts such as hiring, promotion, training, and dismissal. It applies to all employees, regardless of whether they are young or old, ensuring that decisions are based on merit rather than age-related stereotypes. The Act also covers indirect discrimination, where policies or practices that seem neutral may disproportionately disadvantage certain age groups unless they can be objectively justified. By enforcing these protections, the Age Discrimination Act aims to foster a fairer, more inclusive workplace where all individuals have equal opportunities to succeed.
Benefits of an Age-Diverse Workforce
Embracing an age-diverse workforce brings numerous benefits to an organisation. Older employees often bring a wealth of experience, knowledge, and stability, while younger employees can offer fresh perspectives and innovative ideas. This blend of skills and viewpoints can enhance problem-solving, creativity, and decision-making processes within the organisation. Furthermore, an age-diverse workforce can better reflect and understand the diverse customer base, improving customer relations and service delivery. By valuing and leveraging the strengths of employees of all ages, companies can foster a more dynamic, resilient, and competitive business environment.
Overcoming Challenges in Promoting Age Diversity
Promoting age diversity can present challenges, such as overcoming stereotypes and biases that exist within the workplace. To address these challenges, employers must actively work to create an inclusive culture that values employees for their contributions rather than their age. This includes providing ongoing education and training to combat age-related biases, implementing mentorship programs that encourage intergenerational collaboration, and offering flexible work arrangements to meet the needs of employees at different life stages. By taking proactive steps to support age diversity, organisations can create a more inclusive and productive workplace.
Conclusion
Age discrimination undermines the principles of fairness and equality in the workplace, negatively impacting both employees and employers. By understanding and addressing age discrimination, organisations can create a more inclusive environment that values the contributions of employees of all ages. Our team of experienced legal experts is here to provide you with the guidance and support you need to ensure compliance and promote age diversity within your organisation. Contact us today to learn more about our services and how we can assist you in fostering a fair and inclusive workplace.