What is ageism at work?
Ageism is defined as discrimination against people based on their age. It can take the form of subtle comments or jokes, unequal access to job opportunities, or prejudice about abilities or skills.
Ageism is not always against older employees, it can also discriminate against younger generations who are new to the workforce. Ageism in the workplace is an unfortunate problem that affects many individuals and can have huge consequences for both the individual and the employer.
Fortunately, through laws like the Discrimination Act 2010 in the UK, ageism at work is prohibited. For example, employers may not ask you health questions when you apply for a job and cannot use this information to discriminate against you if they do by accident.
Employees are also legally protected from ageist behaviour like harassment or exclusion from training and promotion opportunities based on assumptions concerning their physical capabilities.
Finally, demands for certain qualifications or experience that could be considered exclusionary due to age are forbidden in job advertisements. Employers must ensure job adverts are advertised without bias towards individuals of one age group over another.
How am I protected from age discrimination?
Under the Equality Act it is illegal to discriminate on the basis of age and you are protected from age discrimination in all aspects of your employment. This includes recruitment, workplace environment, promotion and transfers, training, dismissal or any other unfavourable treatment.
Direct discrimination occurs when an employer refuses to promote an employee because they are perceived to be too old.
Indirect discrimination can take place if a training course only offered to recent graduates potentially acts as a barrier for older employees.
Harassment also applies such as offensive jokes about age or comments made about someone you associate with that could cause distress. It is important to remember that if you feel you have been discriminated against because of your age or treated unfairly in any way, it may be possible to bring a claim in court.
The exception/loophole...
The Equality Act 2010 prohibits discrimination in the workplace and when applying for a job. However, there is an exception to this rule for age discrimination only, allowing employers to make decisions based on someone's age in certain limited circumstances. This only applies where the employer can demonstrate that their decision is objectively justified and proportionate.
In order for a decision based on age to be valid, the exception must apply in very specific scenarios. Employers do not have free reign to discriminate against older workers and they cannot force employees to retire by setting a default retirement age - this was scrapped in 2011. It is important to remember that while there are exceptions, these will only apply in certain situations and employers should not use them as an excuse or justification for unfair or inappropriate treatment of individuals due to their age.
Ageism in job adverts
Ageism in job adverts is a form of discrimination that can limit an individual's chance of finding suitable employment. Employers are obligated to advertise their roles in a way that doesn't include age limits or suggest they are looking for applicants from a particular age group. This could mean avoiding words such as ‘10 years experience’, ‘enthusiastic young people’, or ‘recent graduates’. Furthermore, employers can legally ask for your date of birth but must use this data separately from the application process and not base their choice of candidate solely on this information.
It is essential that employers adhere to anti-discrimination laws when advertising jobs and assessing applications to ensure fair treatment of each individual regardless of their age. Employers must create an inclusive environment where workers of all ages have equal opportunities to apply for roles and feel confident in their prospects regardless of any existing limitations due to their age.
What are my rights as a contractor?
As a contract worker, you have the right to be treated fairly and without discrimination regardless of your age or any other factor that discriminates against you. Contractors have the same protection from discrimination as permanent employees, meaning they cannot be discriminated against based on their age. This means that no employer can deny you access to services or particular job placements because of your age.
Age discrimination is illegal and should not be tolerated in any capacity. Your employer should treat you with respect and dignity and provide a safe environment free from harassment or discriminatory behaviour. Additionally, dependent on your IR35 status, you may be entitled to certain employment rights such as paid holiday leave or sick pay.
Employees: How to address ageism
The challenge of addressing ageism in the workplace is becoming bigger as populations age and retirement ages are adjusted accordingly. As different generations enter the workforce together, it is increasingly important that organisations consider how they can create an inclusive environment for all ages.
The first step is to be aware that ageism exists and doesn’t discriminate. Stereotypes formed by our brains have been known to lead us into making quick assumptions based on age. Since these beliefs are typically unconscious, we should challenge our own prejudices by recognizing when they arise within us or with those around us in our workforce.
If you feel you are a victim of ageism make sure you are aware of your legal rights and protections. You likely feel disheartened and confused, but there are steps you can take to improve the situation.
Firstly, refer to your employer’s grievance procedure. This should be found in the company handbook or online; dealing with disputes at work may also offer additional guidance. If an internal grievance approach is not successful, you may consider taking your case to an employment tribunal. This must be done within three months of the initial incident(s). Beforehand, it may be useful to seek expert advice. There are many organisations you can find online that provide free advice and guidance on matters relating to workplace discrimination.
Employment law is complicated and attending a tribunal can be daunting. Therefore, taking professional advice is recommended so that victims can make informed choices and feel confident when standing up to their employer. Ultimately, it is of the utmost importance that victims of ageism stand up for their rights and ensure that discriminatory treatment does not continue.
And if you see discrimination happening against another employee because of their age, don’t ignore it! Speak up and show support to those facing bias due to ageism.
Employers: How to address ageism
The unfortunate truth is that ageism in the workplace exists, and it’s something that needs to be addressed. The first step is to understand the existing biases and acknowledge them, rather than burying them under the rug.
Make sure that your company has clear policies established against discrimination related to a person’s age and make sure everyone is aware of them so there is support available if this issue arises.
If you are aware of any stereotypes or discriminatory practices at your workplace, consider how you can address these issues yourself by questioning why such bias may exist. Being assertive about hiring older people or offering promotions to mature employees can help endorse inclusivity without pressuring younger team members.
It's not just about being a good person or employer, but actively creating an environment that allows all people regardless of their age or background to flourish professionally and feel like they belong and matter at work .
An inclusive hiring process:
For further information on how to ensure your recruitment process is inclusive in all aspects, please refer to our previous blog here.
A diverse workplace is a strong one and it all starts with how you recruit your talent!
Please get in touch if you need any further guidance on this subject or for support in your recruitment strategy.
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