The Age Discrimination Regulations require that employers must not discriminate in the arrangements they make for determining to whom they should offer employment. This includes indirect discrimination.
In the context of recruitment, indirect discrimination means applying a criterion which applies equally to people of all age groups but nevertheless puts certain age groups at a disadvantage.
We list below some potential pitfalls that employers will need to avoid.
1. Describing a position as an ‘ideal opportunity for a young candidate’.
Any references to age or time of life, including such words as ‘mature’ and ‘gravitas’, are likely to be evidence of an intention to discriminate.
2. Requiring applicants to have a minimum number of years’ experience at a certain level.Employers will be better off setting requirements as to the type or breadth of experience necessary to do the job.
3. Rejecting a candidate as ‘over-qualified’.
Whilst there may be genuine concerns that an older worker would lack motivation for the job, this can be determined on a case by case basis at interview and, if necessary, through effective performance management.
4. Describing a position as an ideal first job.
This common description will have to cease. A preference for a candidate with little or no experience will be strong evidence of indirect discrimination.
5. Requiring applicants to be recent graduates
Since the majority of such applicants would be in their mid-twenties, this will almost certainly amount to indirect age discrimination.
6. Specifying a particularly recent qualification
Requiring a candidate to have completed a course that only came about in the last 20 years (such as Media Studies on an NVQ) is likely to discriminate against older candidates. It is preferable to test the skills individually, rather than with reference to a qualification.
7. Requiring the Applicants to work late
If members of certain age groups are more likely to have, for example, childcare commitments, such a requirement may be indirect discrimination. However, it will be acceptable if it can be shown that it is justifiable.
8. Requiring that Applicants be willing to socialise
Again, such a requirement may be a disadvantage to those with childcare commitments. Also, if the socialising takes place in bars that are perceived as ‘young and trendy’, this may well be indirect discrimination.
9. Portraying your company’s image in an age related way
Many job advertisements portray the company as ‘young’ or ‘dynamic’. This may be construed as an indirect reference to the sort of person the employer wishes to recruit and will almost certainly amount to age discrimination.
10. Asking age related questions at the interview stage
Interviews should focus on the applicant’s skill and competence. Age related interview questions, such as asking a young applicant how he would feel about managing a group of older people, should be avoided completely.
Please feel free to contact one of our solicitors if you require specific advice on Age Discrimination. |
