In recent times, news features about the country’s aging population have become commonplace in the media. Not only do we have an aging population (indeed by 2041 37% of the population will be over 60 - Age Concern), but people are also working longer because of the pensions crisis. Despite the fact that there are now more and more older employees with valuable skills and experience in the marketplace, according to Age Concern 1.8 million people over 55 have suffered ageism in employment.
Until relatively recently, this category of workers has been largely unprotected from less favourable treatment and employers have been able to dismiss knowing that compensation will be limited to notice pay and compensation for unfair dismissal (at the capped level). However, from 1 October 2006 when the Employment Equality (Age) Regulations 2006 (the “Regulations”) came in to force, all individuals are protected against age discrimination in the workplace. Perhaps most notably, the Regulations have been heralded as the first piece of legislation to protect the white middle aged male.
Before the Regulations were implemented, the statistics in the US (where age discrimination only protects the over 40s) suggested employees in the UK were in for a rocky ride; in 2004, 17,837 claims for age discrimination were lodged in the US. There were only 972 claims accepted by Employment Tribunal in the UK between 1 April 2006 and 31 March 2007; however, with the Regulations over a year old now (and high profile cases like the Bloxham/Freshfields case going through court at the moment) this number is sure to increase.
This white paper highlights some of the issues to be considered when trying to prevent unfair treatment of older people in the work place.
To download this white paper, click on the PDF icon at the top right of this page»
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