Out with the old ... Bring in the new!
(bring in new, legal recruitment practices)
By now employers will be familiar with the Employment Equality (Age) Regulations, which came to legislation last October, and should have fully updated their documentation in terms of contracts of employment, equal opportunities policies, training, development, retirement etc,. The challenge now is to apply the Regulations on a day to day basis. One of the biggest impacts of the new rules is on recrutiment process. So just how do you avoid age discrimination throughout the recruitment procedure.
In essence it is unlawful for a job applicant to be refused or discriminated against during any part of the selection process on the grounds of their age alone. The new regulations now protect employees and applicants against discrimination on the grounds of their age. Any job seeker can now bring a claim of discrimination against a potential employer and if successful, can be awarded uncapped financial damages.
Points to address for employers when beginning a recruitment campaign:
- Check your recruitment documentation - avoid words in job descriptions, person specifications or recruitment advertising that could signify age specific messages eg 'young', 'mature', 'energetic', or 'dynamic' and avoid use of images and pictures that could be construed as encouraging or eliminating applications from certain age groups into the organisation. Avoid asking for 'x' amount of years of experience.
- Review your Application Form - if you recruit via Application Forms, make sure that you have reviewed this document and that any requests for date of birth or age are moved from the main part and are now included in an equality/diversity monitoring form, (which is removed before selection). Also make sure that you are only asking for job relevant information regarding dates and periods.
- Regarding qualifications - be aware that qualifications change but that doesn't necessarily mean a person doesn't have the correct abilities. Make sure that you do not discriminate against certain age groups of people e.g. asking for GCSEs could be discriminatory against applicants who took 'O' levels.
- When interviewing, focus on individuals' competencies rather than age related factors
- Record your decision making and retain your selection notes and reasons why someone has been rejected.
What if you have a legitimate business reason for indicating an age?
The new regulations will allow an employer to objectively justify age discrimination but it will be up to an employment tribunal to determine whether this was a genuine occupational reason. Remember an employee only needs to prove facts from which a tribunal could conclude there has been discrimination. It is then up to the employer to prove discrimination has not taken place or to justify it.
Who is liable?
You, the employer, are liable for any discriminatory acts undertaken by your employees as well as for the individual employee themselves who has carried out the discriminatory act, unless you can show that you have positively taken steps to prevent this e.g. training, advising on policy etc.
According to ACAS, the DTI estimates that there may be as many as 8,000 age discrimination tribunal cases this year, therefore, as an employer, there is no room for complacency. So if you or any of your line managers are starting the New Year embarking on recruitment, you would be well advised to:
√ Check your documentation
√ Review your advertising language
√ Review your policies and procedures on recruitment
√ and train your managers on new legislation
And above all, make recruitment decisions based upon peoples' abilities and not age.
For further information please contact Theresa by emailing Theresa@hradvantage.co.uk or 'phoning 01494 451681.
January 2007
