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