A. Clive Mackintosh writes:
Since October 1 2006 it has been unlawful to discriminate on the grounds of age. You must comply with the Equality (Age) Discrimination Regulations 2006, adopt age-positive practices and no longer recruit on the basis of age, unless it can be objectively justified, the criteria for which are not easy to satisfy, particularly in the case of direct discrimination.
Getting your recruitment campaign right is also essential. Use an ‘interview rating card’ where all candidates are scored on predetermined criteria. It can be as long as you want and adapted to fit the needs of different roles within your business. This will avoid the potential for discrimination and hopefully support your decision in selecting the appropriate candidate.
You are right to be concerned about how you advertise. Even today, many employers are acting in ignorance to the law and are very much exposed to adverse claims because of the wording used. Job ads should not require applicants to be of a specific age or experience, or use age-related phrases like ‘mature and experienced’ or ‘young and active’ unless it can be justified. The ad should focus on the skills and duties required of the position. If you are going to get candidates to complete an application form, don’t ask for their date of birth or the dates they obtained educational qualifications. Also, when interviewing, you and your managers should ensure all applicants, regardless of age, are asked the same questions, which must not be age-related, and notes should be taken.
A final word, big companies can also get into trouble. Recently, RyanAir was ordered to pay £8,000 to a claimant for having inappropriately advertised for ‘a young, dynamic professional’ staff member.
Clive Mackintosh is the founder of Mackintosh Solicitors, a leading law firm specialising in employment law and human resources advice for businesses.
www.mackintoshlaw.co.uk