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Article #237: Age Discrimination Law to Come Into Force

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The new anti-age discrimination law which outlining their race and age, this form
will come into force in October will help will be kept on file but not given to the
staff retention and improve labour market person in the organisation making the
choice according to some employers. decision on who to employ."
However, the small employers are a lot If that for companies like Asda the
less keen on the changes, as they worry coming into force of the new law means
about rising recruitment costs. The new doing business as usual as they have a
legislation requires employers to review history of employing older workers, there
all their employment practices to ensure are other companies that are worried
they are based on skills and about this moment. This is the case of
competencies, not age. the firms that market themselves to a
The new law will also have an impact on young or old audience and want to employ
the job adverts. Words and phrases that people who reflect their customer base.
used to be the key words in the old But there are solutions for these cases
adverts may be considered ageist so the offered by the new law itself. There is a
employers should worry about this too. get-out clause for some industries and
When taking a decision no matter if on employers can still discriminate if they
recruitment, retention or training, the can show that being a certain age is a
employers must leave the age out of it. genuine occupational requirement. It is
Beside the advert text, the application considered a genuine occupational
forms must be carefully reviewed by the requirement that a firefighter shouldn't
companies so they can avoid opening to be older than 55 years old as he or she
legal action under new laws. has to be physically fit enough to pull
There are companies that are already people from burning buildings but it
applying the new requirements and took won't be acceptable for media firms to
out the age from their recruitment use the genuine occupational requirement
application forms. This is the case of clause to refuse employment or fail to
Asda. Supermarket Asda removed the promote people over the age of 50.
requirement for job applicants to tell The language of the job adverts should
them their age. Asda's move goes beyond exclude specifying the age but other
the terms of the new age rules but it words which are associated with age such
could well be a sign of things to come. as energetic may also be problematic. Ms.
The idea of the new law is not to forbid Margaret Thirlway, head of employment law
employers to know the age of the at London-based SA Law, explains that the
applicants but to avoid taking the age in meaning of the law is that "The use of an
consideration in the decision process age-loaded word like energetic may not
about hiring that person. itself lead to a tribunal, but when
Stephen Morrall, a partner at law firm combined with a pattern of action, such
Middleton Potts offers the solution: as denying older workers training, then
"personnel departments will ask job it might lead to a claim".
applicants to fill out a separate form






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