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Anti-age discrimination legislation has not reduced incidents of ageism in the workplace



The amount of ageism in the workplace has barely decreased in the 12 months since it became unlawful, according to research.

A survey by the Employers Forum on Age (EFA) found that 59% of workers believe they have witnessed ageist behaviour in the past year.

This is scant improvement on the 61% who reported such behaviour in the 12 months to 1 October 2006, when anti-age discrimination legislation was introduced.

EFA chief executive Sam Mercer said: "Age discrimination laws have been in effect for one year, and good progress has been made in some areas. However, ageist attitudes are still ingrained, and changing that culture is a much bigger task, but one which cannot be avoided."

Mercer said that an average of 200 age discrimination claims were lodged every month with the Employment Tribunal Service.

"No employer can afford to bury their head in the sand and hope this issue will just go away," she added.

Three in 10 workers are aware of an older person getting paid more money than a younger person for doing the same job, according to the survey.

One in three see people being managed differently depending on their age.

Fifteen per cent have had a younger person in the workplace overlooked for promotion in favour of an older one, irrespective of experience.


 
 

COMMENTS

Anti Age Discrimination

The reason that this situation has not settled down properly and that many claims have been made can be set fully on the shoulders of HR for not taking appropriate actions and steps.


Some time ago I advised and wrote on the subject on the best ways to proceed forwards and it was as follows,


Then HR as a first step would identify all those older workers between the ages of 50 to 65 and actually interview them all one at a time and go through a numer of questions,



  • What might your future plans be ?

  • How are you enjoying your position ?

  • Do you have any concerns on Training or other needs or do you need any advice or help ?

  • How do you perceive the Company ?

  • What would your feeling be on for example Men working beyond the age of 65 ? or if a woman how do you feel about working up to 65 or beyond?

  • What are your feelings on level of Salary earned ?

This is essential as then a very precise Check Sheet on each Employee interviewed with their feelings noted and signed can be put on file for reference if required at a later stage.


Then at that stage carry out a very precise review of all salaries being paid to those younger Employees within the age groups of say 23yrs - 49yrs of age and make a comparison of the type of work that they do versus the Older Employees and compare the situation and the remuneration paid.  Make appropriate comments or even changes if anomalies are seen to exist. Again make a full check list of all interviews carried out for files.


If then for some obscure reason anyone should submit a claim or attempt to go to Tribunal it would be very unlikely for it to succeed.


But unfortunately very few if any have prepared any thing positive at all and once again in hindsight we are all wondering why we are looking so bad and as always so unprepared !!


I realise that HR are often too busy with the everyday items that crop up to contemplate what can be time consuming works like I have pointed out but unless an unbiased outsider such as myself is brought in then how will things ever get done ?  What can the excuse be to have done nothing ?


John Hooley Chartered FCIPD MCIM
03 Oct 2007

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