Age discrimination: new report urges government to strengthen protection for older workers

The Women and Equalities Committee has published a new report which shines a light on the prevalence of ageism and digital exclusion among older people. It wants the government to take urgent action to address these issues and to expand the workplace protections available to older workers.

Legal protections 

Under the Equality Act 2010, age is one of the nine protected characteristics. However, unlike other characteristics such as sex or race, direct age discrimination can be legally justified if it serves a legitimate aim and is proportionate. This means employers can treat older individuals less favourably if they can justify it as necessary for achieving a legitimate goal.

The Committee state that there is a widely held perception that age discrimination is treated less seriously than other forms of discrimination and it cites evidence that suggests that the way age discrimination is framed in equality law significantly contributes to this. Survey evidence quoted in the report “repeatedly backs up” the conclusion that a significant number of older people experience age discrimination at work, and more widely, but there were “very low numbers of complaints of age discrimination from older workers”. 

Intersectionality

Age discrimination often intersects with other forms of discrimination, such as sexism or racism. The law currently does not adequately address these intersectional issues. For example, women may face ageism differently than men, encountering issues like "lookism" that do not affect male jobseekers. The Committee wants the government to fundamentally rethink the law to address intersectional forms of discrimination.

The Equality Act 2010 includes a provision (section 14) for combined discrimination based on two protected characteristics, but this has not been implemented. The Committee say there is a strong case for bringing this section into force or adopting a broader provision similar to the Canadian Human Rights Act, which recognizes discrimination based on multiple grounds.

Public Sector Equality Duty

The Public Sector Equality Duty (PSED) requires public authorities to consider the need to eliminate discrimination and advance equality. However, according to the report, the specific duties in England are too weak to ensure genuine progress. It says that more proactive and positive equality duties are needed to address deep-seated inequalities effectively.

Media and advertising standards

The media and advertising industries play a significant role in perpetuating ageist stereotypes. The report calls for stronger regulatory codes to prevent older people being depicted in disparaging and harmful ways. It suggests that the Advertising Standards Authority (ASA) and Ofcom should introduce specific rules to prohibit ageist language and imagery, similar to the rules on gender stereotyping.

Digital exclusion

Digital exclusion is a major issue for older people, affecting their access to essential services such as healthcare, banking, and local government services. The report notes that many older people lack the skills or resources to use digital technology effectively, which can lead to social exclusion. It calls for a refreshed Digital Inclusion Strategy that focuses on the needs of older people, including funding for local digital skills provision and maintaining offline alternatives.

A call for review

The WEC report makes a compelling case for the government to comprehensively review age discrimination protections to consider: 

• the implications of removing the objective justification for direct age discrimination
• strengthening the PSED; and
• introducing a duty on employers to take "reasonable steps" to prevent age discrimination and better reflect the intersectional nature of age discrimination. 

The report criticises the lack of a coordinated government strategy to address the issues facing older people. It calls for the establishment of a cross-departmental strategy on demographic change and ageing. 

The report also strongly supports setting up a Commissioner for Older People in England, similar to the roles already in place in Wales and Northern Ireland. 

Our newsletters

We publish monthly employment newsletters. If you'd like to be added to the mailing list, please let me know.