August 2024

In general, employers do not need specifically to justify using length of service to calculate pay, according to the European Court of Justice (ECJ) in Cadman v Health and Safety Executive (Case C-17/05, 3.10.06). An employer will only have to justify using this system for a particular job if a worker can provide evidence raising serious doubts that this is an appropriate way of rewarding experience.

This case was about equal pay – that is, sex discrimination in pay. However, it is also very relevant to age discrimination, as the main issue was whether using length of service as a criterion is objectively justified. Using length of service in workplace policies is a prime example of potential indirect age discrimination, as older workers will tend to have longer service than younger workers.

The case

The female claimant brought an equal pay complaint comparing her pay with that of four male comparators. Her employer explained the discrepancy in pay on the basis that it operated a differential remuneration system, where pay increased according to length of service. The system tended to disadvantage women, who had shorter service than men in the relevant part of the organisation. The employee claimed that this system indirectly discriminated against women, and so needed to be objectively justified by the employer. She also claimed that the employer had failed to provide this justification.The claimant was successful before the employment tribunal. However, the Employment Appeal Tribunal decided – on the basis of previous decisions of the ECJ – that there was no need for an employer to provide specific justification where length of service was used as a criterion.On appeal, the Court of Appeal decided to refer the issue to the ECJ, on the basis that the previous case law was unclear. The decision of the ECJ in the Danfoss case [1989] IRLR 532 established that length of service was generally objectively justified, on the grounds that “length of service goes hand in hand with experience”, and so there was no need to look at the employer’s specific justifications on the facts of the case. But the Court of Appeal thought that a number of later cases suggested that the ECJ was having second thoughts about this principle. 

The ECJ decided:

The economic gains that could result from addressing issues preventing older workers returning to the workforce are significant

Around 800,000 older individuals wish to resume working, but they encounter obstacles like inflexibility, accessibility issues, and discrimination. Research reveals that up to 330,000 retirees left the workforce due to the lack of flexible work, which amounts to 25% of the current job vacancies in the UK.

The UK is an outlier in older workforce participation

A study conducted by Demos and Anchor discovered that the number of workers aged 50-64 in the UK has decreased by 182,000 since 2019 – approximately one-sixth of current vacancies. The report identified the UK as an international exception, with the median OECD country observing a 2% rise in workforce participation among older individuals since the start of the pandemic. Experts suggest that if the UK can return to pre-pandemic levels of older people in employment, it could potentially generate £6.6 billion per year.

The report also mentioned that the UK could gain £9.6 billion annually year by achieving the same levels of older workforce participation as Australian, or over £30 billion by reaching Germany’s levels. It pointed out that prior to the pandemic, the UK had higher rates of older workforce participation than Australia, and in 2008, the UK’s rates surpassed those of Germany.

Recommendations for boosting employment among older workers

In its findings, the report offers several recommendations, including subsidising occupational health services, investing in an age discrimination hotline, and introducing a tax-free £1,000 bonus for workers aged 55 and older in occupations shortages, with annual incomes below £50,000. These recommendations come in response to official statistics released in September 2023 which disclosed the most significant employment decline on record, with a drop of 207,000 jobs, a situation not seen outside of a recession.

Sarah Jones, Chief Executive of Anchor, stressed the untapped potential in the aging population and the need to reverse the social and economic consequences of excluding older individuals from the workforce. She called for government action to empower older people and unlock their economic benefits. Andrew O’Brien, Director of Policy and Impact at Demos, highlighted the UK’s labour shortages and slow economic growth, proposing that retaining older workers could significantly boost the economy. He urged the government to send a clear message valuing the contributions of older individuals to businesses and society.

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The latest stage of the Centre for Ageing Better’s Good Recruitment for Older Workers (GROW) project introduces helpful new ways to reduce age discrimination in the recruitment process.

The GROW project brought together employers and recruiters alongside older individuals to develop and try out innovative strategies for combating age-related discrimination in the hiring process. This included designing and evaluation the entire recruitment journey, brainstorming novel concepts, transforming them into practical tools and then testing them.

Three tools were identified with the highest potential to minimise age bias in recruitment:

Inclusive Job Adverts

This tool addresses various challenges older applicants may encounter. It involves eliminating stereotypical language, clarifying flexible work options and enhancing transparency in the recruitment process. By making simple adjustments to job adverts, older job seekers can feel more informed and confident about applying.  changes to your job advertisement, an older worker can feel more informed and positive about going forward with their application.

• Default part-time/jobshare options

• Highlighting benefits offered

• Put essential information at the start of the application.

• Eliminate biased language.

• Concentrate on skills and behaviours.

• Specify flexible working options.

• Include workplace adjustments.

• Describe application process and next steps.

• Provide contact information.  

Interview invitation and scheduling forms

This tool simplifies the communication of essential information, which can be especially helpful for older applicants who may not have recent experience with the recruitment process. It also provides a straightforward way for applicants to request necessary interview accommodations.

• Ensure all relevant details are included.

• Support candidates in requesting additional accommodations.

• Specify the point of contact.

• Allow candidates to choose their interview location.

• Offer multiple time and date options for the interview.

• Provide assistance with communication.

• Offer accessibility support.

• Provide format-related support

Writing a confirmation email:

• Include logistical details chosen by the candidates.

• Share information about the interview panel.

• Describe the interview format.

• Provide sample interview questions.

• Offer guidance on how the candidate should prepare.

• Include a summary of what support the candidate selected.

• Include instructions for the interview day.

• Outline next steps.

• Allow candidates to make changes or add requirements.

• Include the main point of contact.

Discussing flexible work arrangements

This guidance is designed to assist hiring managers and HR professionals with future planning.  As flexible work arrangements are an important consideration for older applicants, this guidance offers strategies for adapting and improving processes. can provide your organisation with ways to adapt and improve processes.

• Internally discuss and decide on potential working patterns internally.

• Incorporate details of available working patterns into job advertisements.

• Avoid inquiring about working pattern preferences until making an offer.

• Keep track of flexible working preferences.

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The Women and Equalities Committee has opened a new inquiry into the rights of older people, investigating whether stereotypes and age discrimination are preventing them from fully participating in different aspects of society..

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A recent survey in Singapore, conducted in August 2023 to mark the International Day of Older Persons, revealed strong support among individuals aged 50 and over for increasing retirement and re-employment ages.

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This policy suggestion would aim to encourage older individuals to embrace a Swedish-style three-day working week, offering them the chance to work part-time and forego early retirement.

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The government has confirmed that it has no plans to introduce apprenticeships for over-50s who wish to return to the workforce, they will instead be redirected to existing schemes.

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Approximately one-fifth of workers report instances of workplace bias as age-related discrimination shows an upward trend.

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 Recent research from CreativeX, a prominent creative ad tech firm, shows that, in 2022, only 4% of people featured in ads worldwide were aged 60 or older.

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The way liver transplants are assigned through the NHS is causing younger patients to wait much longer for their surgeries, according to new data.

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In the US, an English tutoring company catering to Chinese students, iTutor Group Inc., has reached a settlement of $356,000 following an age discrimination with the U.S. Equal Employment Opportunity Commission (EEOC).

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A police chief has defended her new colleagues after a picture she posted of them sparked “incredibly disappointing” age discriminatory remarks on social media.

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Recent research in Singapore by the Ministry of Manpower (MOM) highlights a positive trend in reducing age discrimination in Singapore’s job market.

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A new online petition is urging the UK government to launch a public inquiry focused on addressing age discrimination and ageism in the country.

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Japanese employers are making efforts to retain and attract more older workers.

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Age discrimination in recruitment has been a longstanding issue in Nigeria, depriving countless job seekers of employment opportunities based solely on their age. The Senate is now taking a stand.

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The Western Australian Government is investing $5.5 million into a new program to help more jobseekers get back into the workforce by offering free training, career advice or assistance to find a work placement. The aim is that new skills will be gained and the confidence boost required to transition back into the workforce.

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For NewFilmmakers Los Angeles January’s monthly film festival brings a focus on infocus: counter-ageism.

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The Supreme Court in New Zealand has confirmed that it is age discrimination to impose an age limit of 18 years of age.

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A recent study in Slovakia, conducted by the Institute for Public Affairs shows that age discrimination is a serious problem in Slovakia.

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The Uttar Pradesh government has asked all its departments to identify all employees aged 50+ and dismiss them by 15 August.

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Nearly all older adults (93%) have experienced some form of ageism in their everyday lives and this may have affected their health, according to researchers from the University of Michigan.

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The 35-year-old wicket keeper Sheldon Jackson has impressive statistics – averaging nearly 50 and with 27 half centuries to his name. However, he is yet to be selected for the National cricket team.

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A new Gardaí recruitment campaign is launching with plans to elevate the recruitment age limit from 35 to 50.

This shift in policy comes amid ongoing discussions about the stringent criteria for candidates and follows a recent ruling by the Labour Court that deemed the previous age limit unlawful, citing discrimination on the grounds of age.

Fitness tests standardised across all age groups

Despite the proposed increase in the age limit, all future Garda trainees will still be required to meet the same rigorous medical and fitness conditions as their current counterparts. According to a government spokesperson, standards will be upheld regardless of age, emphasising the importance of maintaining the physical and health requirements for the demanding role of a Garda trainee.

The government had previously stated that the age limit is in place for a reason, reinforcing the necessity of ensuring recruits possess the stamina required for the role. However, Fianna Fáil Justice spokesman Jim O’Callaghan had previously criticised the standards, suggesting they were overly burdensome for candidates. O’Callaghan has been an advocate for broadening the eligibility criteria to attract a more diverse range of applicants.

age discrimination legal challenge

The change in age criteria stems from a Labour Court ruling declaring the previous age limit unlawful, prompting an appeal against the decision. Garda Commissioner Drew Harris had argued during the court proceedings that the age limit of 35 was “essential” to maintain the physical requirements of the job. He contended that stamina was a crucial factor, necessitating the exclusion of older candidates.

Call for inclusivity and career change opportunities

O’Callaghan, a vocal supporter of revising the age limit, emphasised that individuals in their 30s and 40s seeking a career change should not be overlooked. He contended that many people with sedentary careers might be interested in joining the gardaí, bringing practical experience to the force. O’Callaghan expressed optimism that increasing the age limit would expand the pool of candidates applying for the upcoming recruitment competition for An Garda Síochána.

Addressing concerns about the fitness test potentially hindering recruitment, O’Callaghan called for a review of the current test in the face of a recruitment crisis. While acknowledging the importance of a basic level of fitness for a Garda, he proposed a more flexible approach. O’Callaghan suggested designing the test to assess the candidate’s current fitness level, with an intensive program tailored accordingly upon admission for those exhibiting a baseline level of fitness.

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An online petition supported by the over-60s campaign group Silver Voices, which seeks to remove age restrictions for routine screenings for breast, bowel, and cervical cancers, has garnered nearly 100,000 signatures.

Presently, cervical cancer screenings are only offered up to the age of 64, breast cancer screenings cease at 71, and bowel examinations stop at 74. However, individuals can still request screenings beyond these limits.

Janette Smith, who leads the campaign in conjunction with Silver Voices, a group advocating for the older generation, revealed that she was only diagnosed with breast cancer after insisting on a screening at the age of 76. She criticized the “arbitrary cut-off dates” for screenings and highlighted that, despite having no symptoms, she received her diagnosis earlier this year, leading to a lumpectomy, medication, and a course of radiotherapy.

Campaign director alleges age discrimination and calls for a legal review

Dennis Reed, the director of Silver Voices, described this as a “classic example of age discrimination” and called on the Equalities and Human Rights Commission to consider its legality. A survey of 1,000 Silver Voices members earlier in the year revealed that 63% had experienced age discrimination within the NHS.

Notably, between 2016 and 2018, there were 19,200 cases of breast cancer in individuals aged 70 and above, accounting for over a third of all cases, as per Cancer Research UK. The incidence rate was highest in those aged over 80 and 90, even though the overall number of cases was lower due to a smaller population in these age groups. Similarly, almost half of all bowel cancer cases during the same period occurred in individuals aged 75 and above (18,600 cases), while a sixth of cervical cancer cases (580 women) were in the 65-and-over age group.

Screening guidelines are determined by the UK National Screening Committee, which evaluates available evidence to balance the benefits and potential harm. A separate study published recently revealed that cancer patients lose an average of 14 years from their lifespan. The average life expectancy in the UK is 81 years.

The Department of Health stated that screenings for breast, bowel, and cervical cancers do not have arbitrary upper age limits. The UK National Screening Committee, composed of clinical experts, considers scientific evidence to ensure that screening programs do more good than harm. They noted that harms from screening can arise from over-diagnosis, as no screening tests are 100% accurate, potentially leading to unnecessary testing or treatment and increased anxiety in cases of false positive results.

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A survey released in conjunction with National Older Workers Week identified learning opportunities and age bias as key issues for the older workforce.

The latest annual survey from workingwise.co.uk, the job and community site specifically for older workers, had a focus on the impact of the cost of living crisis as well as ongoing issues relating to everything from flexible working to potential ageism in the recruitment process.

Appetite for learning and career change

One of the standout revelations from the survey is the immense appetite for learning new skills among older workers. A remarkable 88% expressed openness to acquiring new knowledge, showcasing a dynamic and adaptable workforce. Simultaneously, a significant portion of the respondents indicated a willingness to consider a change in career, with 41% of retired workers revealing that they could be enticed back into the workforce under the right conditions.

Age discrimination in recruitment

Despite the eagerness to learn and adapt, older workers face substantial challenges in the recruitment process. A pervasive issue highlighted in the survey is the prevalence of age bias, with almost two-thirds (57%) of job seekers reporting instances of discrimination based on age. The introduction of AI in recruitment processes has added another layer of concern, with 55% believing that it will exacerbate the difficulty of securing a job.

Older workers worried about unemployment

The survey exposes the harsh reality that a third of older workers (31%) are currently grappling with unemployment. Significantly, 34% of job seekers within this demographic spend seven months to over a year searching for a suitable role. These statistics emphasise the urgency of addressing the challenges faced by older workers in their job search.

Retirement and changing priorities

For older workers, achieving a satisfactory work-life balance is paramount, with 36% ranking it as very important. Access to flexible working arrangements emerged as a deal breaker for 28% of respondents, highlighting the evolving expectations of the modern workforce. Additionally, the desire for meaningful work (32%) and having a job with purpose further underscore the changing priorities of older workers.

While a considerable number of middle-aged workers express a desire to retire early (75%), financial constraints hinder 69% from realising this aspiration. Health-related concerns (38%) and caregiving responsibilities (26%) are prevalent reasons for staying in the workforce. Notably, dissatisfaction with their current job is a significant factor for one in four older workers, revealing a disconnect between employers and employees.

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The Centre for Ageing Better has recently launched England’s first anti-ageism campaign.

Research reveals that half of adults aged over 50 experienced age discrimination in the last year.

Research behind the anti-ageism campaign

The research indicates that people in their 50s and 60s most commonly experience discrimination in the workplace (37%), media (32%), and as consumers (32%). Individuals aged over 70 further cite discrimination as prevalent in health or social care settings (29%). The data also highlights regional variations, with the Northeast having the highest reported levels of age discrimination. Other key findings are that a third of people hold ageist beliefs and over half think older people are less visible in society.

Ageism and the economy

The campaign makes the argument that ageism, a pervasive issue which is often overlooked, has a detrimental impact on individuals’ opportunities, livelihoods, and mental wellbeing. This, in turn, affects productivity and the economy more widely. Notably, 460,000 people aged between 50 and 64 are currently unemployed but would like to be employed, citing ageism as a key barrier. Given the UK’s rapidly ageing population, it is ever more important to highlight the issue and combat societal prejudices.  

Join the cause

The initiative aims to spark debate and conversation about ageism and prompt individuals, organisations, and communities to join the cause. You can also take their “Are you ageist?” quiz here.

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New analysis from the Centre for Ageing Better reveals that there has been an increase of nearly one million individuals aged over 65 in the workforce since 2000.

The data reveals that there are now nearly one million more individuals aged 65 and older active in the UK workforce compared to the turn of the century. This is a significant shift, with over 11.5% of individuals now continuing to work beyond their 65th birthday, doubling the 5.2% figure observed in 2000, as revealed by an analysis of official ONS Labour Market statistics by the Centre for Ageing Better.

In 2000, there were 457,000 workers aged 65 and above, and this number has now grown to 1.43 million. A substantial part of this growth can be attributed to the increase in the population aged 65 and above over the past 23 years. Changes in the state pension age have also influenced employment rates, particularly among women.

many older workers have zero-hours contracts

Among these older workers, self-employment and part-time roles are prevalent. However, there is a noticeable trend of older workers engaging in full-time employment, even extending their careers beyond the state pension age.

Surprisingly, a considerable proportion of these individuals are on zero-hours contracts, ranking second only to the 16-24 age group in terms of contract type. Of the 5.4 million additional workers in employment since 2000, almost 976,000 belong to the 65 and above age group, making it the second-largest increase after the 50-64 age bracket, which saw 3.1 million additional workers.

Working beyond state pension age

Approximately half of the growth in the number of 65+ workers since 2000 can be attributed to demographics and the ageing population. The adjustment of the state pension age has also played a role in encouraging some individuals to extend their careers into their late 60s to improve their financial situations. Additionally, many older workers choose to remain in the workforce for financial and well-being benefits.

Luke Price, Senior Research and Policy Manager for Work at the Centre for Ageing Better, emphasises that working beyond the state pension age should be a choice. For those who wish to do so and can find suitable employment, it can yield positive health, well-being, and financial outcomes. Nevertheless, it is important to remember that statistics alone do not reveal the quality of employment for this age group. Furthermore, age discrimination may prevent some individuals aged 65 and above from securing employment, as they are unable to register as unemployed once they have reached the state pension age.

Some individuals continue working past the state pension age due to financial necessity, as they find their private pensions insufficient. Meanwhile, others may be forced to stop working before reaching the state pension age due to ill-health or caring responsibilities. Offering better health support and more flexible employment conditions to accommodate caregiving responsibilities could enable more of these individuals to extend their careers if they wish to do so.

economic benefits of hiring older workers

Dr. Karen Hancock, Research and Policy Officer at the Centre for Ageing Better, emphasises the economic significance of older workers, highlighting their role in filling labour and skills gaps. Their wealth of experience, often spanning up to five decades, can be a valuable asset to employers, colleagues, and customers alike.

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Many Gen Z employees will be returning to the office this autumn for the first time since Covid. The resurgence of in-person rather than exclusively online conversations may result in older workers being confused about the linguistic choices of their younger colleagues. This is a guide to some popular Gen Z terms.

Research has shown that corporate jargon often isolates younger workers who may not be familiar with terms such as ‘deep dive’. However, a similar fate may await Gen X managers. Jessica Kelly, CEO of Meet your Mind, identified potential disadvantages of these situations as difficulties in collaboration and communication. To combat this, here is a quick look at Gen Z terms you might come across at work.

slay

Although slay might have violent connotations, its modern usage has roots in the black and queer communities, where it is most closely appropriated to “killing it”. Examples where slay might be used in a workplace setting include:

• “I’ve just finished all my work for today”, “Slay”

• “The report wasn’t that difficult”, “That’s so slay”

Cozzie Livs

This is an affectionate way of referencing the UK’s current economic situation. For example, if asked to go to post work drinks, someone who is trying to save money might reply, “I’ve got to think about cozzie livs”.

That Slaps/Hits Different

Generally, these refer to something that is very good. The term originated in the hip-hop scene to describe a good song, but today they can be used for pretty much anything. In a work context one might say, “That report slaps/hits different”.

Ate

To “eat” is to do something well. If a colleague does well in a presentation, you might say “They ate that up. No crumbs”. Leaving “no crumbs” is generally a good sign.

Understood the assignment

This expression essentially signifies complete comprehension and proficiency in a given task. When someone truly comprehends their assignment and excels at it, you might say, “Mark’s presentation impressed the clients. He truly understood the assignment.” It can also be employed to praise someone’s attire when it perfectly matches the occasion, reminiscent of Princess Diana’s iconic revenge dress: She fully understood the assignment.

Say less

This term has been around for a while, initially used as a substitute for “say no more,” particularly within the Black community. However, it has gained recent popularity among Gen Z. You would employ this phrase to convey to your colleagues, “I’ve got it, no need for further explanation,” when they are outlining a task, for instance.

It’s giving

The term “it’s giving” (typically followed by a description, such as “overtime” or “girl boss”) signifies that something or someone is exuding a particular aura or atmosphere. Be aware that this expression can be employed in both a positive and negative context.

Era

The phrase “In your [blank] era” serves as a way to encapsulate the predominant themes and interests of a specific time frame. This expression can be applied to multiple contexts, ranging from the profound to the light-hearted. For instance, being in your “villain era” signifies a phase characterized by a disregard for societal norms and conventions, while entering your “healing era” implies a dedicated period of self-improvement and self-care. In a workplace context you might say “in my spreadsheet era”.

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