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