ACAS has published a new guide setting out ways of preventing age discrimination in the workplace. It uses examples of age discrimination, how it arises, and what employers should do if they suspect they are breaking the law. The publication is designed for use by employers and workers (including prospective workers).
The Guidance on Age Discrimination provides readers with tips on identifying direct discrimination, discrimination by association, indirect discrimination, harassment and victimisation. The guide covers the entire employment journey from recruitment through to retirement. It points out that a defence for a claim of direct discrimination must be that the action was a proportionate means of achieving a legitimate aim.
In indirect discrimination the PCP (provision, criterion or practice) applied must be a proportionate means of achieving a legitimate aim.
The needs of wider society will be taken into account in cases of direct discrimination. The guidance includes a Key points for the workplace guide, accompanied by two factsheets, Age discrimination: ten obligations for employers, and Age Discrimination: top ten myths.