Employing and supporting older workers

Employers should fully understand employment rights and the role of equal opportunities, practices, and procedures relating to older workers.

Recent years have seen the introduction of various policy reforms to encourage the participation and retention of older workers in employment.

How to prevent workplace age discrimination

It is generally unlawful for an employer to discriminate on the grounds of age - ie, to treat individuals of any age less favourably than others on the grounds of age.

Recruitment

To avoid age discrimination, you should check that your recruitment process is non-discriminatory. For example, aim to place advertisements in publications read by a range of age groups. Also, avoid using terms that imply a particular age group, such as 'mature', 'enthusiastic', 'highly experienced', or 'recent graduate'. See avoid discrimination when recruiting staff.

Redundancies

If you are making employees redundant, you should similarly ensure that you base procedures on business needs rather than age. For example, it could be discriminatory to select employees for redundancy solely based on when they joined your business - 'last in, first out'. See redundancy and lay-offs.

When age discrimination may be lawful

There are limited circumstances when age discrimination can be lawful. To read about age discrimination exceptions and examples, see age discrimination.

Develop age-related work policies

Age discrimination can affect workers of any age. Having an equal opportunities policy that explicitly mentions age could indicate your commitment to the fair treatment of and eliminating discrimination against workers of all ages. See equality and diversity workplace policies.

Training

You should also ensure appropriate training is provided to your managers and staff on workplace discrimination, with some focus on age discrimination. This will help to increase awareness of age discrimination and how to minimise it in the workplace.

Understand the rules for retirement

The statutory default retirement age in the UK was abolished in 2011. As a result, if an employer forces an employee to retire once they reach a certain age, that act would be direct age discrimination and is likely to be unlawful unless it can be objectively justified. See retirement ages and procedures.

An employee can retire voluntarily at a time that they choose and beyond their state pension age unless the job has a lawfully justified 'compulsory retirement age'. The reasons for compulsory retirement may include exceptional circumstances such as:

• the job requires certain physical abilities (eg, in the construction industry)
• the job has an age limit set by law (eg, commercial pilots)

Employers who set compulsory retirement age rules, also known as Employer Justified Retirement Ages (EJRA), must consider whether that retirement age can be objectively justified, for example, in terms of workforce planning, or the health and safety of individual employees, their colleagues, and the public. In addition, an employer will need to demonstrate that the compulsory retirement age is objectively justified; ie, that it is a proportionate means of achieving that objective.

See the Equality Commission's guide for employers on age discrimination in Northern Ireland (PDF, 1.53MB).

Provide flexible working arrangements

Older workers may prefer flexible working arrangements.

Every employee has the statutory right to request flexible working for any reason after 26 weeks of employment. Employees can make one flexible working application every 12 months. A year runs from the date the most recent application was made. If you accept an employee's flexible working request, this will be a permanent change to their contractual terms and conditions unless you agree otherwise.

There are different forms of flexible working, for example, homeworking, temporary contracts, part-time, flexitime, or job sharing. Employers should ensure the equal promotion of flexible working to staff of all ages. Develop clear procedures and criteria for how to apply for flexible working. See flexible working: the law and best practice.

Caring for grandchildren and dependants: rights at work

Apart from the right to request flexible working arrangements, outlined above, under employment law in Northern Ireland grandparents, generally, have no other statutory rights to paid or unpaid time off to care for their grandchildren.

Grandparents may have the right to parental leave in limited circumstances if they have adopted the child or have a residence order made in their favour giving them parental responsibility. Employees must have one year's employment service, and parental leave can be taken up until the child's 18th birthday. See parental leave entitlement.

All employees have the right to reasonable time off for dependants to deal with emergencies or unforeseen matters involving someone who depends on them for caring responsibilities. This could be to deal with a breakdown in childcare or if a child falls ill. It could also be used to deal with caring responsibilities for older relatives or parents who may be ill. Employers do not have to pay for this time off, but some employers may under the terms and conditions of employment. See time off to deal with emergencies involving dependants.

There is a wide range of advantages that employing older workers can bring to your business, especially when you have a mix of different ages across your workforce.

Age-diversity benefits

Age diversity can bring many benefits to your business. Employers can reap the benefits of experience and loyalty that older workers can bring. There may also be broader advantages for others within the workplace.

Working in an age-diverse team brings benefits, including fresh perspectives, knowledge-sharing, and improved problem-solving. Where there is an age-diverse workforce, businesses have seen advantages including:

• increased productivity
• skills diversity
• better inclusiveness
• opportunities for mentorships
• improved staff retention

Benefits of employing older workers

Employing older workers can bring the following advantages to your business:

Experience and knowledge

Older workers bring life experience as well as accumulated knowledge from many years of working. You can tap into these strengths to help overcome workplace challenges and identify business opportunities.

New ideas and opportunities

If you are developing new ideas or searching for new business opportunities, an age-diverse workforce can prove helpful in weighing up the potential risks and benefits. Such foresight can help suggest new ideas or efficient ways of doing things.

Focused workers

Older workers are likely to analyse business tasks from a measured or calculated point of view rather than from an emotional one. This, in turn, can lead to fewer mistakes.

Problem-solving

Older workers with their experience, maturity, and often calming influence can help solve problems that may arise in the workplace, whether they are difficult business decisions or workplace conflict.

Positive role models

Older workers can be a positive influence on younger or less experienced workers. They often perform well in training or mentoring roles.

Resilience

Older workers are likely to have experienced difficult times throughout their working life, and so are often resilient when faced with a business challenge.

Commitment

On average, older workers report higher job satisfaction and are less likely to switch jobs. A reduction in staff turnover can create stability in the workforce and is more cost-effective than recruiting and retraining new staff. See control staff turnover.

Adaptability

Older workers are likely to have experienced frequent changes during their working careers, so they often adapt well to the need for new skills and changing technology.

Responsibility

Older workers are inclined to take on roles that require a level of responsibility, such as management positions, and are often willing to accept accountability if things go wrong.

Customer service

Older workers usually place value on customer service, which can help you similarly maintain a focus on providing quality service.

Consider the challenges too

Despite the many advantages, there are some possible challenges for employers managing older workers, as with staff of any age. See ageing workforce: challenges for staff and employers.

The steps for effectively managing older workers are the same as for staff of any age. However, there are some issues that affect older workers in particular. It is important to understand the challenges that older employees might face and take steps to support them.

Challenges for older workers

Challenges for older workers can include:

Age discrimination

There are often stereotypes of older workers being less agile, technophobic, more prone to sickness absence, and resistant to change. Read how to avoid age discrimination.

Part-time or flexible working requirements

Part-time work and the demand for flexible working are more common among older workers than among younger age groups. Ensure the equal promotion of flexible working to all staff. Develop clear procedures and criteria for how to apply for flexible working.

See flexible working for over 50s - a toolkit for employers (PDF, 3.63MB).

Physical or mental challenges of job roles

Employers must make reasonable adjustments to ensure workers with disabilities, such as physical or mental health conditions, aren't substantially disadvantaged when doing their jobs. See improve access and use of facilities for disabled employees and managing and supporting employees with mental ill health.

Absenteeism

Promoting staff wellbeing and healthier lifestyles can also help reduce staff absences due to sickness. Employers should address this by asking workers if there is anything they can do to support them, so they are happier in the workplace and absences are minimised.

Caring responsibilities

Older workers often have caring responsibilities, eg, for elderly parents. This can cause stress and worry about the health and wellbeing of a close relative. The worker may also need to take time off work to help care for a relative, eg, to take an elderly parent to a hospital appointment. Employees with elder care responsibilities should be offered the same flexibility as those with childcare responsibilities.

Retirement age

The statutory default retirement age has been abolished, so most people can now work for as long as they want to. If an employee chooses to work longer, they can't be discriminated against unlawfully on the grounds of age. Employers should support staff with planning their future career development goals and the transition from employment to retirement when an employee decides to retire. See training your staff and providing support for a retiring employee.

Older women and the menopause

Health issues affect all workers, but some can be overlooked by employers. While many women may go through menopause with relatively little discomfort, many others report a range of symptoms such as hot flushes, irritability, sleep disturbances, fatigue, depression, impaired memory, and anxiety. Menopause awareness amongst managers and the option of flexible working may help female staff. See menopause in the workplace: employer guidance.

You must not discriminate on the grounds of age when recruiting new staff. The Employment Equality (Age) Regulations (Northern Ireland) 2006 prohibit all employers, regardless of size, from subjecting job applicants and employees, including contract workers and former employees, to age discrimination and harassment. See more on age discrimination.

Age-neutral job adverts

You should use age-neutral language when advertising for job roles. References such as 'young', 'energetic', or 'recently qualified' are best avoided as this would discriminate against older workers. You could also consider using a strapline in job adverts to welcome all-age applicants, ensuring your organisation overcomes any unconscious bias or discrimination by tracking age profiles of successful candidates and potentially offering apprenticeships for older workers as well as the young.

During recruitment, you should evaluate candidates according to values, behaviours, competencies demonstrated, and their ability to do the job. See advertising a job and interviewing candidates.

Experience

Requirements when it comes to experience should be described in terms of type or depth of experience rather than a simple number of years of experience.

Qualifications

Applicants should only be asked for qualifications that are necessary for a job role. Looking for graduates might not be necessary for a particular role and may discriminate against older workers.

Interviewing

Avoid unscripted interviews, as this can often lead to discrimination when panel members ask inappropriate questions. You should ask the same questions to all candidates to ensure a fair, even, and unbiased interview process. Prepare the questions in advance and identify points that you would like candidates to address when answering their interview questions.

Promote your age-positive workplace

You can also promote your business as an age-positive employer. You could highlight the diverse age range in your workforce by featuring various members of staff through your company website or social media channels. Staff could share messages on why they enjoy working for you, and if there is any specific workplace support that you provide for them.

As an employer, you should take action to create a working environment that enables workers to develop and fulfil their potential and encourages them to stay. Recruiting and training new staff can be costly. Also, valuable skills and experience may be lost when an employee leaves, so you should make every effort to retain staff.

Retain and transfer key skills

You should plan effectively for an ageing workforce. Consider carrying out an age and skills audit to ensure you are making the most of staff knowledge and skills. This planning will help you identify your skills needs when there are future staff changes.

You should focus on how you facilitate the transfer of knowledge to younger staff, for example, through mentoring or getting older workers involved in planning and leading training and development programmes.

Retain existing workers

By providing workplace flexibility, you are considering the needs of all your workers.

Employers should consider the introduction of age-friendly workplace policies in areas that affect older workers, such as:

Flexible working

This can help to accommodate caring responsibilities, health considerations or changing the nature of a job role to lessen its physical demands. See flexible working: the law and best practice.

Phased retirement

See retirement ages and procedures.

Family care leave

See parental leave and time off for dependants.

Career gap breaks

Offer career breaks for staff so that they can deal with family responsibilities or pursue other interests with the security of returning to their job after a certain period of time.

Health and wellbeing

You could look at ways in which you promote healthy ageing in the workplace. For example, you could introduce fitness programmes at lunchtime or awareness sessions around healthy eating. See staff health and wellbeing.

Financial and retirement planning support

Employers can offer older staff the opportunity to understand their financial requirements for retirement. The age friendly training service from Age NI offers an opportunity for individuals aged 50+ to reflect and take a look at interrelated areas of their lives and provide an overview of three key areas:

• financial wellbeing
• health and wellbeing
• career support

Employers can request group sessions to be delivered for their staff.

Alumni programmes

Rather than lose contact with workers when they leave your employment, you could look at creating an alumni programme that enables you to get insight into your business's successes and failures. You can also turn former employees into engaged brand ambassadors who can help promote your business as an ideal place to work.

Staff training and retraining

Retraining existing staff can be a cost-effective way of developing your existing talent pool and accessing new skills that your business requires. Staff retraining can also help reduce staff turnover as workers undergoing training will feel more valued, confident and motivated to do their job.

Age must not be a barrier to training opportunities - no one is ever too old to learn new skills. Older workers tend to be loyal and are less likely to change jobs frequently, so your business is likely to see the benefits of investing in training before the employee retires.

It is best practice for employers to discuss with their employees, regardless of age, their future aims and goals. This will help plan training and development needs. You should document any personal development discussion, hold the record for as long as there is a business need and provide a copy to the employee. See training your staff.

Age-Friendly Employer Pledge

As an employer, you can show you recognise the importance and value of older workers by committing to the Age-Friendly Employer Pledge. This initiative, run by the Centre for Ageing Better, outlines your commitment to promoting an age-friendly workplace through a number of actions.

Read further details on the Age-Friendly Employer Pledge.

Research shows that businesses that promote an age-diverse workplace can benefit in many ways. Age diversity improves performance and productivity, reduces employee turnover, helps to drive innovation, and promotes stability.

Tips to create an age-inclusive workplace

We have outlined five top tips to help you create a workplace environment and culture where workers of all ages can feel welcomed, valued, and supported. These tips are especially helpful for older workers who may feel underrepresented and sometimes overlooked in the workplace.

1. Recruit from all age ranges

Develop an age-inclusive recruitment strategy to attract job applicants from all age ranges. To encourage older workers to apply for job vacancies, consider the language in your job descriptions and advertisements to avoid age bias. If you are an age-inclusive employer, promote this as part of your recruitment drive. Advertise your job vacancies across various media and digital channels to reach applicants from a diverse range of ages.

Examine the benefits package your organisation offers to attract job applicants and look at ways in which you could attract older workers, eg, offering flexible or part-time work. You should also take steps to ensure that staff are aware of how best to reduce bias and avoid discrimination throughout the recruitment process. See recruiting older workers.

2. Develop workplace policies promoting age-inclusiveness

Assess your current workplace policies on whether they help to promote age-inclusiveness. Adapt and enhance those existing policies where required. Identify gaps and determine if there are new policies that you could introduce to combat age discrimination and promote age-inclusiveness in your workplace.

Communicate and promote age-inclusiveness as part of your equality, diversity, and inclusion (EDI) strategy to make sure your staff and potential recruits are aware of the steps you are taking as an organisation to welcome people of all ages.

3. Identify and offer support on issues specific to older workers

Consider and offer help on issues that are specific to older workers, such as:

• health, eg, menopause or reduced mobility;
• finance, eg, pensions and planning for retirement;
• caring responsibilities, eg, responsibility for an elderly parent or relative.

The best way to understand the issues facing your workers is to ask them. Create a staff forum or working group and get employees involved from a diverse range of ages in identifying and providing solutions to key challenges.

There are several organisations that provide guidance and advice to older people - you could provide signposts to this information, perhaps through a dedicated organisational intranet page.

4. Create an environment for shared learning

Older workers usually have a wealth of knowledge and experience. Provide an environment and culture that encourages knowledge and learning exchanges between workers in your organisation of different ages and varying levels of experience. This will ensure that vital knowledge and experience are not lost when older workers retire, but are transferred to younger and newer staff.

Provide opportunities for older and younger workers to interact and mix, eg, by building mixed-age teams and hosting age-inclusive social events. See training methods to fit your business.

5. Offer training and development opportunities that appeal to workers of all ages

Provide training and development opportunities that are attractive and open to workers of all ages. Consider that older workers may want to retrain on new technologies and processes that have been introduced into your organisation. Ensure that any development opportunities don't have any barriers that would prevent older workers from applying. See training your staff.