Firms warned of the pitfalls of new age legislation

Businesses could face discrimination claims even before they employ new staff under tough age legislation being introduced on October 1st.

The warning came this week from leading Milton Keynes and Northampton legal firm Franklins Solicitors LLP, which says companies will have to significantly change their recruitment policies and give their staff special training if they are to stay on the right side of the new law.

Emma Hrydziuszko, who heads up the Employment Team at Franklins Solicitors LLP, says the law will cover not just existing staff but also prospective employees.

“Avoiding words like ‘young’ or ‘mature’ in future recruitment advertising is perhaps the easy part of the age legislation,” explained Emma, “but specifying qualifications or levels of experience could also cause problems. Requesting qualifications could indirectly discriminate against older workers while requiring certain levels of experience could do the same with younger applicants.”

Emma says it is not only the wording of an advertisement which will need extra care, firms will also need to be wary about where they place it: “ACAS advises that adverts should be placed where they will be accessible to the largest potential audience, meaning those placed just in publications aimed at young people, for example, could be deemed discriminatory.”

Franklins has already created an age legislation guide for its business clients and is arranging special on-site presentations for firms in and around Milton Keynes and Northampton.

Retirement is expected to be one of the most litigious areas of the new law with many companies currently not operating a clear retirement policy.

Said Emma: Some employers could assume that if an employee is over 65 they won’t face a claim of unfair dismissal. However, from October, if a company doesn’t follow a structured procedure, an employee can pursue a claim for automatic unfair dismissal.”

What’s more, the regulations could spell the end for those ageist jokes at company birthday parties. If employees tease someone about their age or describe them as “an old fogie” , their company could be held liable for harassment!

For more information visit, www.franklins-sols.co.uk and see what we can do for you.