Did you know it could soon be an offence to call someone at work an old-timer? Or to make ageist jokes by the coffee machine? Or for an employer to force you to retire at 60?

Many believe that the new law that comes into force on October 1 could have a bigger impact on our culture than any legislation for 30 years.

Finding a job

Two thirds of firms readily admit discriminating against older job applicants. But with a shrinking younger population and a mushrooming older one, a change in the culture is inevitable even without the new law; nearly a third of the labour force will be over 50 by 2020.

The Employment Equality (Age) Regulations 2006 make it unlawful to decide not to employ someone because of their age. Even if the firm advertises the job in a magazine aimed at younger people, it may be indirect discrimination because older applicants won't see it.

Companies will also have to word their adverts carefully, and avoid using language which will imply they want someone of a certain age, such as "mature", "energetic" or "young graduates".

But how easy will it be to prove that you didn't get the job because of your age? The applicant must provide evidence of their belief.

"For example, did the application form ask for questions related to age?” asks Clive Howard, partner at employment law firm Russell, Jones & Walker, “Was the applicant asked to provide a photograph? What did the job advertisement state and was the language tending to show discrimination?

“The applicant should make a request for any notes made at the interview and for the selection criteria and reasons why he or she was not selected to the position. All of this may provide evidence from which a tribunal could infer discrimination."

There is a get-out for employers. They can discriminate on grounds of age if they can "objectively justify" their position. But they do need to provide evidence to support their claim and it must be "a proportionate means of achieving a legitimate aim."

But Sam Mercer, director of the Employers Forum on Age, which represents 240 businesses, believes it will be difficult to prove objective justification and that many firms will just change their policies because it's easier.

"I think many firms will realise that an age neutral employment policy is a good policy," she says. "What's more difficult to change is the culture, the mindset of the individuals in the organisation, particularly when ageism is seen as so acceptable in society.

“It's not seen as as bad as sexism or racism, possibly because there's a feeling that we all get our turn to be older."

Written by Rachel Carlyle

This article was created: 24 July 2006.
This article was last edited: 6 November 2006.

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