03.12.2020

Could workplace age discrimination be eradicated in 2021?

By Darren Hockley, Managing Director of eLearning provider, DeltaNet International

In a recent analysis of Ministry of Justice (MOJ) data, which observed employment tribunals dating back over the last five years, we discovered an interesting trend.

Whilst other forms of workplace discrimination (disability, race, religion/belief, sexual orientation, and maternity) seem sadly to be on the rise, there was one type of case showing a rather marked drop, and that was age-related discrimination.

Since 2015, age-related discrimination cases fell a whopping 80% and showed an encouraging 3.4% drop year on year throughout 2019/2020.

In fact, our analysis showed that 40% of the time, age discrimination cases are resolved via mediation between the employer and employee, never necessitating a hearing in the first place.

What is age discrimination?

The Equality Act 2010 stipulates that you must not be discriminated against because:

you are (or are not) a certain age or in a certain age group
someone thinks you are (or are not) a specific age or age group, this is known as discrimination by perception
you are connected to someone of a specific age or age group, this is known as discrimination by association

The definition for ‘age groups’ can be quite flexible however. For example, it might refer to those under 50 or to people over 18. On the other hand, age groups can be rather specific, for example, ‘people in their mid-20s'. Terms such as ‘the elderly’, ‘young people’ and ‘pensioners’ all indicate age groups too.

So, whilst age discrimination under the Equality Act 2010 can and does affect workers of all ages, a study published earlier this year uncovered that it’s older workers in the UK who tend to worry about age discrimination most of all. In fact, 64% of those surveyed expressed concern on the matter.

This data seems to indicate that age-related bias is negatively felt more often by older employees - perhaps a symptom of the modern business world demanding younger, cheaper workers, or dubious beliefs about the digital skills gap.

Is ageism really dying out?

Whilst the data on age-related tribunal cases is encouraging, it’s important to remember that, with 2,408 cases in 2019/2020, ageism is still very real.

Jayne Harrison, Head of Employment Law at Richard Nelson LLP, agrees, suggesting that: "Whilst it might appear pleasing to see the number of cases of age discrimination going down in the tribunal, I feel that with workers there is a reluctance to report their employers for unfair treatment; ageing workers, for example, face notable obstacles when and if they do decide to move forward with legal action and this may be more pronounced now in the recession we are facing in light of Covid19 and lockdown."

She goes on to state that: “I do feel that there is a mismatch between the number of tribunal cases and what is actually happening to workers in reality facing discrimination. In practice, some employers can still hold ageist views or misconceptions both consciously and subconsciously in recruitment and with existing staff.”

Reversing the ageism trend

It’s up to us, as business leaders to set a good example if we truly want to see the back of age-related discrimination (and, indeed, other forms of workplace discrimination too).

The most inaccurate biases are often unconscious, embedded deep within corporate culture – including unfair and unsubstantiated beliefs that older employees have less energy, less technical skills, and just want to retire.

As employers we ought to embrace the potential for business that generational diversity offers. Indeed, according to a recent survey, 7 in 10 workers say they like working with generations other than their own. People of different age groups can learn from one another’s ideas and experiences, and these new perspectives often lead to improved employee retention, increased productivity and strides in innovation.

DeltaNet International specialises in the development of engaging compliance and health and safety eLearning courses, as well as tailored training solutions, designed to mitigate risks and improve employee performance.

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