Age discrimination rife in the workplace

Nearly three-quarters of HR workers admit that their organisation is guilty of age discrimination, a survey has revealed.

Some 74% of respondents, in a poll by Thomas Eggar, admit that their business either consciously or unconsciously discriminates on the basis of age, which the law firm has warned spells imminent trouble with age discrimination legislation due to come into force in October.

The anonymous survey, conducted across a range of businesses, shows a pervasive lack of knowledge of the new laws and their implications, Thomas Eggar said.

When asked if they had started preparing for the implementation of the upcoming legislation, 48% responded that, as yet, they had done nothing.

Just 14% of respondents feel their management team is informed of age discrimination issues, dropping to 7% when asked whether they are aware of specifics in the upcoming bill.

Less than half have done nothing to prepare their business for the legislation, and only 7% say they are confident that internal procedures will ensure their company is in compliance.

Nicola Brown, associate at Thomas Eggar, said:

"This is one of the most talked-about pieces of employment legislation in recent years, so it is worrying to see that the regulations are not being taken seriously by organisations."

"When the new laws come into force they will seek to ensure equal treatment for all employees irrespective of their age, unless an employer can justify different treatment. The regulations are going to have a dramatic effect on the recruitment processes of most employers.

"The new proposed retirement procedures will also undoubtedly trip up a lot of companies, resulting in claims of automatic unfair dismissal. If businesses do not adapt their practices to cover the new provisions they risk paying out substantial fines if an employee takes them to an employment tribunal for age discrimination."

Brown added that the inactivity could partly be explained by the fact that just 11% feel they have been given enough practical information about the impact of the new laws.

The Employment Equality (Age) Regulations 2006 regulations will:

• Prohibit unjustified age discrimination in employment and vocational training.
• Require employers who set their retirement age below the default age of 65 to justify or change it.
• Introduce a new duty on employers to consider an employee’s request to continue working beyond retirement.
• Require employers to inform employees in writing, and at least six months in advance, of their intended retirement date. This will allow people to plan for their retirement.
• Include provisions relating to service related benefits and occupational pensions.