The age discrimination problem
According to research in 2021, many over 50s believe that their age adversely affects their employment prospects. However, there are steps your client can take to ensure their workplace is primed to welcome these workers to their business.
Case law provides us with examples of how age discrimination can arise in the workplace:
- A 58-year-old senior executive was called a “fossil” during a meeting with colleagues and told that he “did not know how to deal with millennials”. Cowie v Vesuvius [2023]
- A 57-year-old director was told “calm down, don’t let the hormones get out of control” by a manager who viewed her as menopausal. McCabe v Selazar [2022]
Age UK estimates that around 1.7 million aged 50-64 are economically inactive but able to work, and so your client has a good chance of finding valuable employees when targeting this group.
Priming the business for older workers
Taking a zero-tolerance stance on discriminatory comments alone isn’t enough: employers need to review their employment practices as a whole to ensure they do not treat anyone less favourable just because of their age, to avoid costly claims.
Your client should recognise that the wants and needs of over 50s may vary from younger workers, so put measures in place to directly meet their expectations. For example, they may be more in favour of part-time and job-sharing arrangements; phased retirement options; enhanced family-related leave and pay, including grand-parental leave; private health schemes; and increased pension contributions.
Some may also want to take on more mentorship and leadership style roles, so they can be part of the progression and development of those at the early stages of their career. Providing training on emotional intelligence, unconscious bias and ethical leadership, coupled with wider empathy and mental health first aider training can be of benefit in these situations.
For those that have been away from the workplace for some time, basic training may be needed on new technologies and systems they are unfamiliar with. This should be approached in a supportive manner, being careful to avoid coming across as patronising. Care must also be taken to avoid comments such as “Computers are for young people – not you” (a genuine comment made to a 47-year-old events-co-ordinator), or words that have a similar connotation.
In light of the above, detailed equality and diversity training is recommended for your client so that they can ensure their employees are aware of what is (or isn’t) appropriate.
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