Age Discrimination And The Recruitment Process
Low employment levels in the older generation costs the UK economy between £19 billion - £31 billion a year . This is affected by demographic issues such as the growing proportion of older people in the population, people having fewer children and young people entering the workforce later as they pursue further education. The Employment Equality (Age) Regulations which came into force on 1st October are part of recognising this change in the UK workforce and aim to be of huge benefit to the UK economy. The regulations impact all areas of employment practice, from recruitment to dismissal and all aspects of the employment relationship in between. It is now unlawful to discriminate against workers and job seekers of any age, because of their age, unless it can be objectively justified. It is therefore important for clients and candidates to be aware of this legislation.
It is important to exercise caution in phrasing job descriptions when recruiting. The following points will help both the client and agency to ensure compliance-
- remove age/date of birth from application forms
- think about the ages of people in photos that are used to aid recruitment
- ensure you are not asking for unnecessary information about an individual’s age or dates of employment which could allow age related discrimination to take place
- avoid references to age in job descriptions and person specifications, and whilst it is not unlawful to stipulate a certain number of years experience, please remember that you will now have to justify why this is a requirement for the job.
- When asking for certain educational qualifications remember that they may have changed over time, for example “GCSE qualification or equivalent” would not eliminate those individuals who don’t have GCSE’s but have O-Levels.
- think about where job advertisements are placed. Avoid publications which are targeted at a niche market
- avoid using language that may imply you are seeking someone from a particular age group, such as ‘mature’ or ‘energetic’. Also bear in mind that the term ‘graduate’ can be interpreted as someone in their early twenties.
There are however certain circumstances in which age discrimination can be objectively justified. For example, if recruiting for a bar-person, you would not be able to consider workers under the age of 18. With the association of clients and employment agencies such as Teamsales, if a client asks the agency to discriminate on grounds of age because they can objectively justify doing so, the regulations give the agency the right to rely on this justification if challenged. Good practice would be to obtain this justification in writing from the client, and all recruiters have a duty to act appropriately and in accordance with the client’s equality and diversity policies. Once under employment of the client, the regulations continue to govern the employer-employee relationship.
It is important for businesses to follow this legislation through all stages of recruitment and employment. By doing so, and by utilising the above guidance points, you will help the company to stay within the law and to safeguard the reputation of the company.
1 Research from the National Audit Office
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