Employers are not allowed to discriminate against job applicants to achieve a more age diverse workforce. However, the age regulations do allow positive measures to prevent or compensate for disadvantages linked to age. This could include advertising positions in publications whose readership is known to be of a particularly under-represented age group in the employer’s workforce, or encouraging people of such an age group to take up training facilities for that industry.
However, when the Equality Act comes into force in October 2010, employers will have the right to take positive action. In other words, where at the final stage of recruitment there are two equally qualified candidates, it will be lawful for the employer to select an individual on the basis that they’re from a disadvantaged group.
