Older workers are failed by weak enforcement of age discrimination law

The talents of more than a million people over 50 who want to work are being wasted, say MPs on the Women and Equalities Committee.

The UK population is changing.

 As the number of people aged 50 and over is growing, the population aged below 50 is projected to reduce significantly. It's predicted that by the mid 2030s half of all adults in the UK will be over 50 years of age.

Not all older people who want to work have equal access to employment. In 2014, it was estimated that up to 1.4 million people aged 50 to 69 had involuntarily left the labour market in the previous eight years.

The country faces challenges recruiting and retaining an experienced, skilled workforce in many key public services as well as in the private sector. 

People in later life are often playing many different roles in society, but those who wish to work should not face the current barriers of discrimination, bias and outdated employment practices.

Too little is being done to enforce the law.

We, the Women and Equalities Committee, believe that discrimination is the root cause of this problem.

The Government needs to be clearer that prejudice, unconscious bias and casual ageism in the workplace are all unlawful under the Equality Act 2010.

We believe the talents of people aged over 50 who want to work are being wasted because of discrimination, bias and outdated employment practices.

Here are some of our key recommendations
 for the Government:

1. The Equality and Human Rights Commission should develop a clear plan to tackle age discrimination in employment.

This plan should include:

o    Action to tackle discrimination in recruitment and the recruitment industry.

o   An agreement with the Equality Advisory Support Service to identify and refer       claims of age discrimination in employment as a priority for legal support by         the Commission.

o   Action to examine whether the public sector is complying with its duty to             have due regard to the need to eliminate age discrimination under the Public         Sector Equality Duty.

2. The Government should put in place a national skills strategy that will enable all ages to learn new skills, and that will support the Industrial Strategy.

The business case for an age-diverse workforce is clear but despite this, employers continue to organise workplaces around an outdated, inflexible model that no longer works.

3. All jobs should be available on flexible terms unless an employer can demonstrate an immediate and continuing business case against doing so.

This Committee and its predecessor have recommended that all jobs should be available on flexible terms unless an employer can demonstrate an immediate and continuing business case against doing so.

Such an approach is central to enabling parents, carers and older workers to participate in the labour market on an equal basis. Given the mounting evidence collected by this Committee in the course of three inquiries the Government has to act and act now. 

4. There are practical changes that all employers should be making.

The Government should work with the Business Champion for Older Workers to develop an employer-led mentoring service for businesses who want to adapt but struggle to do so. 

This should prioritise support for small and medium employers, using the good practice and resources of larger employers, and facilitate access to Government support.

5. The Government should undertake a review of the specialist support available to older people through the Jobcentre Plus network, and develop  an action plan to improve both the content and availability of such support.

Job Centre Plus Source: http://www.flickr.com/photos/88097768@N02/

Through the introduction of Older Claimant Champions the Government has recognised the need for Jobcentre Plus to develop the awareness and skills to provide specialised support to older jobseekers. But this is not translating into widespread good practice on the ground.


We are giving these recommendations to the Government as the Women and Equalities Committee, 11 MPs from different political parties.

The Government has two months to respond to our report. To read more depth and detail about our recommendations, read our report on Older people and employment [PDF] or see more on our website.

If you're interested in the work of our committee, find out more about our other inquiries.