The rise of age discrimination

With estimates showing that by 2030, nearly half of the workforce will be over the age of 50, you’d have thought age discrimination in the workplace would be a thing of the past. Well, quite the opposite. In fact, 2023/2024 saw the highest average compensation in age discrimination cases since 2007/2008. Tribunals awarded an average of £103,000 per successful claim.

So, let’s take a look at the current picture, and how you can prevent being caught out.

The law

When you think of age discrimination, many would assume this refers to older people, however in reality, age discrimination can cover anyone of any age. Put simply, age discrimination is where an individual is treated differently because of their age. Under the Equality Act 2010, an individual must not be discriminated against because they are (or are not) a certain age or in a certain age group, someone thinks they are (or are not) a specific age or age group, or because they are connected to someone of a specific age or age group.

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What is an example of direct age discrimination?

What does this look like in reality then? Well, The Age Discrimination at Work (2024) report highlighted how the problem presents itself in the workplace. 88% of respondents believed that age discrimination existed in the workplace, with 70% saying that it was also a problem. To show the differing ways age discrimination can present itself, 25% of retired, and 28% of unemployed respondents said that age discrimination was a contributing factor to their current employment status. In contrast, a large proportion of millennials (born between 1981-1996) felt they faced negative stereotypes and discrimination in the workplace. Overall, one in four adults over 18 said they had experienced ageism, with those over 51 almost twice as likely to experience it.

Preventing age discrimination

When ensuring policies and practices are not discriminatory against age, it is unlikely that a “one size fits all” approach will be suitable. To start with, employers could implement blind recruitment processes, allowing them to assess candidates solely on their suitability for the role. During employment, it’s important that employers recognise that the wants and needs of different age groups within an organisation can differ widely.

Employers should consider offering a range of benefits and ensuring working practices are flexible in order to meet the differing needs. For example, older workers may prefer part-time and job-sharing arrangements, or phased retirement options, and appreciate private health schemes and increased pension contributions. However, these shouldn’t be limited to these groups as employees of all ages are going to benefit from them.

Another area to focus on is in development and progression opportunities. Whilst these may lend themselves to those starting their careers, and therefore younger, they should not be limited and should be open for all ages to access. However, older workers may also seek out mentoring and training roles that allow them to pass on their skills and knowledge.

Ultimately, employers should go beyond just not actively discriminating against individuals because of their age, after all that is the minimum requirement. They should be open to the value and skillset each individual can bring and ensure they provide inclusive workplace policies, practices and benefits.

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