Age Discrimination - Using age related language could cost you dearly

We are now expected to work longer and protection is now offered to ensure you are not discriminated against on the grounds of your age. Read on to find what this really means to us all, both employers and employees alike.

Adverts asking for "senior, mature, experienced" or even "young, school leaver" may well fall foul of the regulations as they could be viewed as discriminatory.

The Employment Equality (Age) Regulations 2006, or Age Discrimination for short, have attracted quite a lot of coverage in the National media. Their effects will be wide ranging to both employers and employees. The obvious change from 1st October 2006, when the Regulations become law, is a new statutory retirement age of 65. However, there is one area where employers will have to be extra careful and that is in recruitment and selection of staff.

Adverts asking for "senior, mature, experienced" or even "young, school leaver" may well fall foul of the regulations as they could be viewed as discriminatory. Adverts will have to be "age neutral" as the Regulations cover all staff of all ages. Unfortunately the Regulations do not prevent the use of "must have a sense of humour" in adverts!

As to the selection of staff, employers will have to consider applicants on their merits and to consider whether the person's experience is directly relevant to the position regardless of the age of the person. Many commentators are suggesting that where possible the selection process should be carried out by a panel which reflects the different age groups of the employers. Clearly this may be difficult for smaller employers, but even so, such employers should take steps so that more than one person sifts through applications.

Take Expert Legal Avice To Ensure You Comply

This area of employment law is going to be of great importance to employers and employees alike. Please contact Stephen Foote in our employment law specialist if you require further help on 0800 097 8611 or complete our Online Enquiry Form.

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