Age discrimination in the workplace is a pervasive issue that affects many aspects of employment, including hiring decisions. From a health and safety perspective, age can be a significant factor, with employers often making assumptions about older workers' abilities and risks. In this briefing, we explore how age might influence hiring decisions from a health and safety viewpoint, highlighting the legal, ethical and practical considerations involved.

The intersection of age and workplace safety
Workplace safety is paramount in any organisation, and employers have a duty to ensure a safe working environment for all employees. This responsibility often leads to careful consideration of potential employees' physical and mental capabilities, which can be influenced by age. While it is illegal to discriminate based on age under laws such as the Equality Act, age-related concerns about health and safety still play a role in hiring decisions.

Common assumptions and stereotypes

• Physical ability. Employers might assume that older workers are more prone to physical limitations, such as reduced strength, stamina or agility. This can be particularly relevant in industries that require manual labour, heavy lifting or prolonged physical exertion.
• Cognitive decline. There is a stereotype that cognitive abilities decline with age, affecting memory, reaction times and the ability to learn new skills. In safety-critical roles, this assumption can lead employers to favour younger candidates who are perceived as more mentally sharp.
• Health risks. Older individuals are often viewed as being at higher risk for chronic health conditions, which could potentially lead to more frequent absences or a higher likelihood of medical emergencies on the job. Employers might be concerned about the impact of these health issues on overall workplace safety.

The HSE has recently released detailed annual statistics on work-related fatalities, which show that the rate of fatalities increases with age. Workers aged 60 or over accounted for 42% of those killed at work, and workers aged 60-64 are twice as likely to be killed. These figures are four times higher for workers aged 65 and over, despite comprising only 11% of the workforce. The cost-of-living crisis is increasing the amount of people working beyond retirement, which could be the cause of the increase in fatality levels amongst these age groups.

Legal and ethical considerations
Discriminating against older workers based on these assumptions is not only ethically questionable but also legally precarious. Employers must ensure that their hiring practices do not violate these protections by unjustly favouring younger candidates. In the case of Rainbow v. Milton Keynes Council (2008), an employer who advertised for candidates in “the first five years of their career” committed an act of indirect discrimination by failing to shortlist a 61-year-old teacher with 34 years’ teaching experience for the position.

The Council failed to show that a decision to appoint a cheaper, less experienced employee was objectively justified on the ground of cost. Mrs Rainbow was in an age group disadvantaged by this “five years’ experience or less” provision.

The school had not provided any detailed evidence in order to prove that it could only afford to employ a person of five years’ experience or less. Accordingly, Mrs Rainbow’s claim of indirect discrimination was upheld.

Ethically, it is important to recognise the value that older workers bring to the table. Experience, knowledge and a strong work ethic are qualities that can enhance workplace safety rather than compromise it. Employers should focus on individual capabilities rather than making broad assumptions based on age.

Best practices for employers

• Objective assessments. Use objective, job-related criteria to assess all candidates. This can include physical fitness tests, cognitive assessments and health screenings, provided they are relevant to the job and applied equally to all applicants.
• Reasonable accommodations. Be willing to make reasonable accommodations for older workers. This might include ergonomic adjustments, modified work schedules or assistive technologies that can help mitigate any age-related limitations.
• Training and development. Invest in ongoing training and development for all employees, regardless of age. This ensures that older workers remain competent and confident in their roles, thereby maintaining high safety standards.
• Inclusive culture. Foster an inclusive workplace culture that values diversity, including age diversity. Encourage intergenerational collaboration and mentorship, which can enhance safety practices and create a more cohesive work environment.

Conclusion
Age should not be a barrier to employment, especially when it comes to health and safety considerations. While it is natural for employers to be concerned about the physical and cognitive abilities of their workforce, it is crucial to base hiring decisions on objective criteria and individual assessments rather than age-based stereotypes. By doing so, employers can ensure a fair, inclusive, and safe workplace for employees of all ages.