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Employment Law: What Is All the Fuss About the Age Discrimination Regulations?<
> 10 Questions an Interviewer May Ask

Once upon a time job interviews were comprised of a conversation between interviewer and interviewee and based on this conversation, the job seeker was either hired or sent on their way. Within the context of this conversation, questions were asked, but today much of the conversation has disappeared as more and more interviewers are using custom made interview forms. Some of the questions you may encounter include:

1. What is your greatest strength?

2. What is your greatest weakness?

3. Why did you leave your last job?

4. What did you like most about your last job?

5. What did you like least about your last job?

6. How did you solve a problem regarding an angry or dissatisfied customer?

7. How do you handle stress?

8. What would your previous co-workers say about you?

9. Give an example of your ability to make decisions under pressure.

10. Why do you want to work for this company?

There are many variations on the above questions but most of these are pretty standard. Of course, work experience is a given and some employers want to know if you smoke. Often, employers ask questions they are not supposed to ask but it is usually career suicide if you bring up that fact.

The best thing you can do to prepare yourself for any interview is to find out everything you can about the company you are applying for. In addition, make sure you have all the dates clear as to where you worked and how long you worked there. Even if you have already sent a resume take one to the interview with you so that you can glance at it if you need to. Above all, be on time and be prepared!
Which Direction For My Career

There comes a time for most people when they ask themselves about which direction they should take for their career. For some, this question is asked before their career even begins, perhaps even before entering college.

In most cases, the sooner you can decide on the direction that you would like to take your career, the better. Forethought and planning can help make the decision making process easier earlier on in your career. The first thing you need to remember is that you will likely not start off at the top of the ladder, but rather that you will need to work your way up to your goal career position.

One of the primary considerations when deciding on the directionality of your career is education requirements. Are there special degrees or certificates that you will need to advance your career and where are they available? Time may be a factor, especially if you are already working in the career field of your choice. There may be options of night schools or correspondence courses to get the degrees and certificates necessary to advance your career.

By defining your goals as clearly as possible, armed with information, you can set a course for career fulfillment and find a time frame that will suit your needs and career advancement.

Deciding on the direction you would like to take your career in is not an easy decision to make, nor one you should make hastily. Take your time and clearly define where you want to be in one year, three years, five years and ten years. Research for information to help you understand what you will need to accomplish to meet these goals.
Look Well Into the Future When Career Planning

Although the initial stages of career planning are crucial to success, looking well into the future when career planning is essential if that success is going to be maintained. Careers change, the market changes, the economy changes. If you want to make sure that you remain a hot commodity in your career, you need to make sure that you can roll with the punches.

The best way to look into the future, you must start by looking into the past. What have been the trends of your industry? Where has its competition come from in the past? What companies have survived and which haven’t? Why?

Next, look at the current state of the new industry in which you hope to work and ask the same questions. Choose case studies in the form of major companies. Find out who the key players are in these companies and check out their career path. What did they do after school and entry level positions? Read business journals and check out industry forums online. Where is the current threat coming from? What are people saying about the future of the industry? How will that affect your ability to get a job in your chosen career and keep it five, ten, twenty years down the road?

Now, look at both of these groups of facts and consider your future. What areas will you need to acquire frequent updates on information and skills in order to maintain your position and move up? A certain amount of critical thinking is necessary to prepare yourself for the possible twists and turns of the market as it concerns your chosen career. By assessing the past, taking note of the present, and planning for the future, you will have a much higher chance of not only holding onto your new career but excelling at it as well.
Copyright (c) 2006 Ian Mann

The Age Discrimination Regulations came into force on 1 October 2006 and implement the age component of the European Framework Employment Directive. The DTI Regulatory Impact analysis predicts that 8,000 Age Discrimination claims will be brought in the Employment Tribunals per year. Employers need to familiarise themselves with their obligations under the new provisions to avoid costly litigation.

Scope

The Age Discrimination Regulations apply equally to employees of all sizes of companies. As is so often the case, small firms will in some ways be expected to operate their policies as if they had the benefit of a human resources department of a large corporation at their disposal. There are no exclusions for part-time workers and unlike the position in the USA, there are no exclusions for employees below a certain age.

They apply to employees and the self-employed (”workers”), contract workers (such as those provided by third party agencies), adults receiving training or education from employers; further and higher education institutions and adult education programmes; those in work experience and members or an applicant for membership of a trade organisation, including a trade union. Unpaid volunteers are not protected.

Default Retirement Age

However, the Age Discrimination Regulations are nothing to do with the debate on extending the retirement age. In fact, the Age Discrimination Regulations provides for a default retirement age of 65 and excludes employees from claiming age discrimination in respect of forced retirement of those aged 65 and over. Interestingly, this particular limitation only applies only to “employees”. Of course, one must remember that even for those employees over 65 a new retirement dismissal procedure must be followed for the dismissal to be fair. A mandatory retirement age for non-employees, even of the age of 65, will have to be “objectively justified”.

What Is Unlawful Age Discrimination?

For the purpose of the Age Discrimination Regulations, there are two types of age discrimination: (1) Direct age discrimination; and (2) Indirect age discrimination. A person (A) directly discriminates against another person (B) if on grounds of B’s age, A treats B less favourably than he treats or would treat other persons. Indirect Age Discrimination is where A applies to B a provision, criterion or practice which he applies or would apply equally to persons not of the same age group as B, but which puts or would put persons of the same age group as B at a particular disadvantage when compared with other persons, and which actually puts B at that disadvantage. There is also protection for those of a perceived age. If someone is discriminated against because they look too young, or too old, for a particular job, they will be able to complain successfully even if the discriminator is wrong about their actual age.

The distinctive feature of the Age Discrimination Regulations is that direct, as well as indirect, discrimination will be capable of being “objectively justified”, and the same test will apply to both forms of discrimination.

How Does One Objectively Justify Age Discrimination?

The Age Discrimination Regulations are new and there is not yet a body of UK case law, but it is highly unlikely that the high costs of employing older people, for example, will be a justification for an employer that would allow him to discriminate on the basis of age. It is further highly unlikely that customer preference will be a legitimate aim allowing employers to discriminate on the grounds of age. In other words justification for age discrimination cannot be related to age discrimination itself. The DTI have given the following example: “A retailer of trendy fashion items wants to employ young shop assistants because it believes that this will contribute to its aim of targeting young buyers. Trying to attract a young target group will not be a legitimate aim, because this has an age-discriminatory aspect.” There is also the need to be proportionate. This means that employers must use the least discriminatory measure possible even to achieve a legitimate aim. An employer may have to show why it was proportionate to use directly discriminatory age barriers rather than age neutral potentially indirectly discriminatory policies.

Age-based Harassment

A subjects another person (B) to harassment where, on grounds of age, A engages in unwanted conduct which has the purpose or effect of: (1) violating B’s dignity; or (2) creating an intimidating, hostile, degrading, humiliating or offensive environment for B. Harassment will only be regarded as having had the effect of violating the B’s dignity or of creating an offensive working environment if it “should reasonably be considered as having that effect”. Ageist jokes and teasing may very well create such an environment. Conduct must be “unwanted” by the recipient.

Conclusion

We can see that there are many aspects of human resources and discrimination policy that will have to be fundamentally reviewed in light of the Age Discrimination Regulations.

Ian Mann - Employment Barrister
http://www.employment-barrister-uk.com
13 King?s Bench Walk
Ian Mann was called to the Bar in 2000. He practices in employment disputes representing both employers and employees. His employment practice embraces the full spectrum of Employment Tribunal, High Court and appellate work and covers all areas of employment law, especially discrimination. Ian is able to assist you in the following ways: Provide specialist advice as to a particular legal problem. Represent you or your company in the Employment Tribunal or courts. Advise as to the prospect of success of any litigation. Suggest possible settlement terms if appropriate. Review Human Resources policies. Draft contracts.