Age Discrimination

SueC_2

I overheard some colleagues the other day, discussing the sort of person they might want to recruit into a newly formed role. One of them said something along the lines of "If they're going to be dealing with xyz they're going to need to be able to command the respect of abc group of people, so it needs to be someone 45+ who will be taken more seriously...".

Fortunately there are systems in place (largely me jumping up and down shouting "you can't do that, you can't do that you, you can't do that") to prevent this sort of statement actually making it into a job advert or forming any part of the recruitment process.

It did get me thinking however. If an advert containing discriminatory requirements did ever get into the public arena, who would prosecute, how, and what would the potential penalty be?

AP007

SueC wrote: »

I overheard some colleagues the other day, discussing the sort of person they might want to recruit into a newly formed role. One of them said something along the lines of "If they're going to be dealing with xyz they're going to need to be able to command the respect of abc group of people, so it needs to be someone 45+ who will be taken more seriously...".

Fortunately there are systems in place (largely me jumping up and down shouting "you can't do that, you can't do that you, you can't do that") to prevent this sort of statement actually making it into a job advert or forming any part of the recruitment process.

It did get me thinking however. If an advert containing discriminatory requirements did ever get into the public arena, who would prosecute, how, and what would the potential penalty be?

I believe the company are held responsible as the staff work for them and they the company should make sure everyone is doing things by the law

Also it wont matter if this makes it into an advert or not they will work out how old someone is by their CV and then if not sure when they meet at interview they will know if someone was 25 or 45 very easily

SueC_2

AP007 wrote: »

I believe the company are held responsible as the staff work for them and they the company should make sure everyone is doing things by the law

Yes, I am sure the company would be held responsible, hence the need for proper procedures / training / documentation etc. I was just wondering who would take the action, how, and what the possible consequences could be for the company.

AP007

SueC wrote: »

Yes, I am sure the company would be held responsible, hence the need for proper procedures / training / documentation etc. I was just wondering who would take the action, how, and what the possible consequences could be for the company.

I think its the Equality Advisory Support Service (EASS)

Possible consequences? It may be all in the papers? No good press at all

skintandscared_2

Probably the person who was being discriminated against would take the appropriate action. Just to note, there is an "objective justification" test, whereby an employer CAN employ someone of a certain age if they have an objective justification for doing so. So in the example you state, I can imagine a company could have a justification for wanting to employ someone who isn't too young to deal with the role they have in mind, and managing the people they want that role to manage.

dktreesea

Just because employers can't advertise for the desired age range of the applicant, doesn't mean age discrimination doesn't occur. Ask any child care worker over the age of 45 who doesn't work for themeselves and you'll see what I mean. Or older workers looking for work in airlines.

SueC_2

skintandscared wrote: »

Probably the person who was being discriminated against would take the appropriate action.

So.... anyone under the age of 45 who read the advert and felt they couldn't apply?

I'm interested to know how that would work in practice. Does it go to employment tribunal even though there wasn't ever any employment or and employer/employee relationship?

SueC_2

AP007 wrote: »

I think its the Equality Advisory Support Service (EASS)

Aren't they just an advice service?

AP007

SueC wrote: »

Aren't they just an advice service?

But they would be able to point the person in the right direction

Anyway there are a lot more areas of discrimination that are not even covered in law and they happen every day.

skintandscared_2

This might help.

http://www.acas.org.uk/index.aspx?articleid=4245

skintandscared_2

SueC wrote: »

So.... anyone under the age of 45 who read the advert and felt they couldn't apply?

I'm interested to know how that would work in practice. Does it go to employment tribunal even though there wasn't ever any employment or and employer/employee relationship?

In theory, yes. For a case of discrimination to occur, there must be someone who feels they have been discriminated against. So I suppose, in theory, a school-leaver could go through the job ads in the local paper and decide to sue every company that asks for experience.