According to a survey by law firm Eversheds, many companies admit they are still unsure what might be classed as discriminatory and what is still legal under the new rules, which came into force on 1st October.
'It is not surprising that this change in the law is causing confusion for businesses. The information campaign has left a lot to be desired and many firms are still unsure of what is required of them," said Matthew Knowles, spokesman for the Federation of Small Businesses.
'We hope that small firms that are caught out in the initial few months will be given support and advice to get things right rather than be hammered straight away.'
Much of this confusion is due to practices, such as asking for someone‘s age on a recruitment form, that are not officially illegal but which businesses would do well to steer clear of if they want to avoid being accused of recruiting on the basis of someone‘s age.
And until there have been a few test cases, small companies in particular would do well to err on the side of caution when it comes to recruiting, training and dismissing staff.
"Businesses need to make sure they understand the implications of this new legislation," said businesslink.gov.uk‘s Jonathan Hollow. "There are a great many benefits to having a workforce made up of a wide range of ages. Employment issues can be complex, so managers should seek advice or support if they are unfamiliar with what their obligations are."
Business Link offers the following tips to help employers stay on the right side of the new laws:
- There should be no upper age limit for redundancy right or unfair dismissal unless there is genuine retirement on the cards
- Don‘t make references to age in job adverts
- Use a mixture of young and old staff to help you interview and recruit new staff
- Make decisions to promote people for their ability and performance, not because of their age
- Make training accessible to all employees of all ages
- Base redundancy decisions on objective, job-related criteria and not on age
- Agree a fair and consistent retirement policy with employees and where possible, consider flexible working or phased retirement
- If you are unsure of any new regulations, contact your local Business Link or the relevant government department