Age legislation: have we seen any real progress in the last two years?

02/10/2008

 It's two years since the "anti age discrimination" legislation came into force in the UK. But how much as really changed since then? By Beth Vaughan of The Employers Forum on Age.

 

“He has the right experience, but I’m worried he’s too old. He might not fit in.”

 

"I’d like to promote her but she’s younger than most of her team and they might resent it.”

 

These comments, once commonplace, are now seen as discriminatory.  So has the age legislation, implemented on 1st October 2006, changed the way we think about age? The answer is not straightforward and age discrimination continues to be a knotty area for employers and employees alike.  So ingrained are some attitudes about age and ability that it is hard to remove them from common thinking.

 

The good news is that many employers have responded extremely well to the legislation. Members of the Employers Forum on Age (EFA) - an independent network of leading employers who recognise the value of an age diverse workforce - which include some of the UK's top companies, have been working hard to change company culture and employee attitudes.  A high proportion of them (88%) told us that the legislation is not difficult to comply with and has in fact played a key role in helping organisations develop working policies that encourage age diversity and prevent many unacceptable instances of age prejudice.  They also tell us they are reaping the business benefits that age diverse policies are bringing to their organisations.

 

It will however take much longer before we can truly say that age discrimination is something we look back on as shocking and unacceptable, that we can’t imagine tolerating, much as sexism, racism and homophobia is already today.  This is despite the fact that surveys show that the most commonly cited form of employment discrimination is age bias, affecting workers of all ages.  Older workers may be unfairly refused training; younger workers may receive lower pay rates and employment benefits, or be denied promotion despite having all the relevant experience and abilities.  Since 2006 however, a steady trickle of cases has been reaching the courts and this is only likely to  increase as individuals become more aware of their rights and particularly as redundancies loom during an economic downturn.

 

The default retirement age (DRA) of 65 remains a barrier to equal opportunities in the workplace irrespective of age. The EFA believes everyone should be able to choose when to retire.  Physical capabilities do change as we grow older, and some jobs may become harder, but with the right management, an older worker who doesn't want to retire can still be a valuable asset.  Longer working lives are becoming a financial necessity for many of us and 70% of EFA members expect the number of requests to work beyond 65 to increase in the coming years.

 

The EFA works hard to help its members manage the practical implications of the legislation, work that is more relevant now than ever with further policy plans including the Equality Bill, changes to the way apprenticeships are provided, and the review of the DRA coming up.  We all have work to do to improve and change the way we operate for workers at all ages, but the good news is that you are now more likely to overhear the following, regardless of the candidate’s age:

 

“He has the right experience - I think we should offer him the job.”

“I think she should be given the promotion as she is the best candidate.”