Age Discrimination

Age Discrimination

At AHACCOUNTANTS, we understand the importance of fostering an inclusive workplace, free from age discrimination. Whether you’re an employer or an employee in the Nottingham area, we’re here to help you navigate the complexities of age-related issues and provide the support you need.

The Equality Act 2010 has replaced all previous equality legislation, including the Employment Equality (Age) Regulations 2006. This act encompasses various protected characteristics, including age, disability, gender reassignment, race, religion or belief, sex, sexual orientation, marriage and civil partnership, and pregnancy and maternity.

Importantly, the Act protects individuals of all ages. However, it allows for different treatment based on age if it can be justified as a proportionate means of achieving a legitimate aim. Age is the only characteristic where employers can potentially justify direct discrimination.

Understanding Discrimination

Discrimination occurs when someone is treated less favorably than another person due to their protected characteristic. There are four types of discrimination to be aware of:

• Direct Discrimination: Treating someone less favorably due to their protected characteristic.
• Indirect Discrimination: Implementing a policy that disadvantages individuals with a protected characteristic.
• Associative Discrimination: Discriminating against someone because they associate with another person who has a protected characteristic.
• Perceptive Discrimination: Discriminating against someone based on the perception that they possess a particular protected characteristic.

Examples of Age Discrimination

For instance, it would be direct discrimination if a highly qualified candidate is overlooked for a role simply because they qualified 30 years ago. Other examples include:

• Refusing to hire someone in their 40s because of a company’s youthful image.
• Denying health insurance to employees over 50.
• Using nicknames that are ageist, like calling a colleague “Gramps.”
• Not promoting a younger employee due to assumptions about their respectability.

Indirect discrimination might occur if a business requires courier applicants to have held a driving license for five years, disproportionately affecting younger candidates.

Harassment

Harassment based on age is also unlawful. For example, if a mature trainee teacher is subjected to teasing about their age, and no action is taken by management, this may be seen as harassment. While the Equality Act initially included provisions regarding third-party harassment, this has since been repealed, meaning employers are no longer liable for harassment by external parties. Nonetheless, it’s crucial for employers to take reasonable steps to prevent harassment in the workplace.

Recruitment Practices

To comply with age-related legislation, employers should:

• Avoid including age or date of birth in job advertisements.
• Review application forms to eliminate unnecessary date-related questions.
• Refrain from stating specific years of experience in job descriptions.
• Use inclusive language that doesn’t imply a preference for a particular age group.
• Focus on competencies rather than age in interviews and application assessments.

Service-Related Benefits

Employers may offer benefits based on up to five years of service. If extending beyond five years, these benefits should reflect higher experience levels, loyalty, or motivation, applied uniformly across similar employee situations.

Redundancy and Retirement

Employers can continue to enhance redundancy payments without age discrimination. The statutory payment provisions remain unchanged, so ensure that age brackets and multipliers align with statutory calculations.

Since April 6, 2011, the default retirement age has been abolished. Employers can only set a compulsory retirement age if it’s justified as a proportionate means of achieving a legitimate aim.

Actions for Employers

To ensure compliance with age discrimination laws, employers should:

• Review and update equality policies.
• Assess employee benefits for fairness.
• Revise retirement policies.
• Provide equality training for recruitment, promotion, and training processes.

How We Can Help

If you’re in the Nottingham area and need assistance or further information on age discrimination, our team at AHACCOUNTANTS is ready to help. Don’t hesitate to reach out for more personalized advice.