Ageism in the workplace

When you think of age discrimination, perhaps your mind automatically assumes a young person is being passed over for employment in the place of a more experienced employee. However, ageism can refer to discrimination of people of all ages, including older employees. So, ageism is important for employers to be wary of.

Age discrimination can happen more frequently than you may think. In fact, it can happen inadvertently, which is why it is important to understand what constitutes age discrimination within the modern workplace.

Age discrimination in the workplace is highlighted by statistics as a recurring problem. In fact, a quarter of UK adults have experienced ageism at work, with older people (51+) and young people (18-24) being particularly affected.

Our Employment Law experts can help you minimise the risk of age-related discrimination accusations and tribunal claims. Call our expert team today on 0808 501 6651 for support on how to spot and prevent ageism.

• Age discrimination in employment: acts that seek to prevent it
• Croner’s guide to preventing ageism in the workplace
• Discrimination against older people in the workplace
• Encourage inclusion in the workplace

Age discrimination in employment: acts that seek to prevent it

In the UK, age discrimination in employment is prohibited by the Equality Act 2010,  which protects individuals from unfair treatment such as discrimination, harassment, and victimisation.

While the Equality Act doesn't specifically deal with age-related discrimination, age is counted among the nine Protected Characteristics outlined. The act makes clear that any discrimination based on these characteristics, including age, is against the law.

What is age discrimination?

Age discrimination is when an employee is treated unfairly or less favourably because of their age, which can manifest in several different ways.

Distinguishing between types of age discrimination in the workplace is key to helping eradicate it and avoiding costly legal proceedings.

• Direct age discrimination: When an employer refuses to promote staff due to their age, they are directly discriminating.
• Indirect age discrimination: If you require candidates to have a certain number of years of experience in a specific industry when they apply for a job, this will exclude applicants of a certain age.
• Harassment: Making offensive jokes about an individual’s age or targeting a colleague with regular criticism related to their age are examples of harassment.
• Victimisation: This is when an individual targets a staff member who supported a colleague’s claim of age discrimination and subjects them to negative treatment.

Croner’s guide to preventing ageism in the workplace

Whether it’s the recruitment or redundancy process, you should take every precaution to ensure that you don’t discriminate against an employee under grounds of age, even indirectly. So, it’s important to discourage any occurrences of direct discrimination when it comes to age as much as possible.

Surveys often find indirect age discrimination, against youth in the workplace, to be prevalent in job adverts, job promotions, and wage levels.

If you have any concerns regarding ages discrimination and how to avoid it, contact Croner, with over 80 years’ experience, we can advise on all aspects of employment law, the Equality Act, and which steps employers can take to avoid claims of age-related discrimination in the workplace.

 

What are the signs of ageism in the workplace?

It’s important to remember that, while you as the employer may be taking preventative measures against age discrimination, your employees may still experience it. That’s because anyone can enact age discrimination, including colleagues against other colleagues. Understand that you can still be held liable in an employment tribunal claim if discrimination occurs on your watch. That’s because, being the employer, you have a duty of care to identify, acknowledge, and discourage ageism within your workplace.

So, how can you recognise when one of your employees is facing age discrimination at work? Firstly, you can consider any instances where you might find yourself inadvertently discriminating based on age in ways you may not realise. For example, are you regularly promoting employees not within the over 50’s or early 20’s age bracket? If so, you could be enacting age discrimination without realising it.

Can you also identify any significant and unjustified wage gaps between age groups? It’s a good idea to compare the wages of employees with similar levels of work performance and qualifications. If you find that either younger or older employees are paid less than employees of a different age group, you could be held liable for age discrimination.

You should also discourage any age-based exclusion or name calling in the work environment. Make it clear that making age-based assumptions is unacceptable for all staff. For example, excluding a colleague from a friendly football match after work due to their older age can qualify as discrimination. Equally, dismissing a recent graduate’s ideas and suggestions because of their young age can count as discrimination too. These instances can both be used as evidence for discrimination in the case of an employment tribunal.

As an employer, you should ensure to evaluate your employee’s based on their work performance, qualifications, experience, and skillset. Age should not come into your assessment of their value as an employee.

Discrimination against older people in the workplace

Both recruitment and redundancies tend to be two major employment aspects where age discrimination occurs.

When advertising jobs, including age-related wording can very easily lead to claims of discrimination. A few phrases to avoid include:

• “The candidate must be youthful and enthusiastic”
• “The candidate must be energetic, dynamic and fun”
• “The candidate must have at least 20 years’ experience within the industry”
• “The candidate must be a recent graduate” (unless this is a specific entry-level role for graduates)

Equally, ensure you follow the redundancy process to the letter of the law. At Croner, we understand that redundancies are sometimes a necessary evil and a process that no one enjoys. If you show a pattern of making older employees redundant and hiring a younger workforce to take their place, this could lead to your business being at risk of discrimination claims.

Discrimination against younger people in the workplace

Young people often find themselves discriminated against. For example, adverts which describe the requirement of having several years in a field, will automatically and indirectly exclude younger candidates.

Instead, point out what kind of experience and knowledge the job role requires. It comes down to the candidates’ capability and skillset, as well as how much experience they might have under their belt within a specific industry.

You should avoid using certain words such as ‘mature’ or ‘experienced’ as this sounds discriminatory and will exclude younger candidates. Instead, use words such as ‘reliable’, ‘organised’, and can ‘take initiative’.

When it comes to promotions, you should inform all your employees of such opportunities. If the information is only made available to older employees, it will leave younger staff out which can lead to a claim of age discrimination in the workplace.

Encourage inclusion in the workplace

Most UK companies today will have an equality and diversity policy in the workplace. On its own, this won’t stop discrimination from occurring. So, the question remains:

“How can I actively encourage inclusion and discourage discrimination?”

Start by taking these steps:

• Ensure you and your employees understand the different types of age discrimination in the workplace.
• Train your managers and staff to recognise and discourage instances of discrimination.
• Apply best practices in writing job adverts and conducting job interviews.
• Remember to also look at staff retention and retraining which is where discrimination is likely to occur.

Talk to a Croner employment law expert

Don’t wait until you have a tribunal on your hands. Our Croner employment law experts are ready and waiting to take your call to support you with all workplace discrimination matters. Call our knowledgeable team now to get FREE, expert advice on 0808 501 6651.