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How can employers ensure younger workers are not discriminated against as the rights of older workers are tirelessly promoted?

Young people in the UK risk being outgunned in the employment stakes by an active, articulate and well organised 'grey haired' lobby, which is effective in promoting the rights and interests of older workers. Issues such as the national retirement age, state pensions and ageism remain high on the political agenda, as politicians of every stripe court the crucial older voter. But, as unemployment figures reveal an ever-widening employment gap for school and university leavers, is there a danger policy and practice are leaving behind our future workers?

Our ageing workforce reflects a mixture of social, demographic and attitudinal changes towards retirement.  The recession has undoubtedly accelerated this process, as older workers delay retirement to ensure greater financial security in the wake of a marked decline in the value of stock market linked pensions.   For many though, there has simply been a gradual realisation that people can make a meaningful contribution to the economy well beyond the average retirement ages of 62 for women and 64 for men.

It is inevitable that the needs, skills and experience of our workforce differ with age.  The interests of individuals at either end of the working age spectrum will, therefore, not always be aligned.  Employers will make business decisions to hire, retain and manage individuals based on these factors, guided by government policy and our employment laws.

The voices that often help shape policy and our attitudes to work are those of trade unions and professional societies, which bargain and lobby on behalf of their members.  Unions have traditionally represented the interests of older male workers and many continue to do so today, because of a lack of union membership and activism by younger people.  As a result, older workers may have driven the agenda to their advantage, particularly in relation to age discrimination, where the focus has been on the right to remain in work after the age of 65.  This looks set to continue following the Court of Appeal's decision in the Heyday case, which suggests a move away from a mandatory retirement age.

But society's responsibility towards young workers is particularly acute at this time.  According to the Office for National Statistics, a staggering one in five people aged between 16 and 24 is now looking for work.  School leavers and graduates are finding many employers have put training and graduate recruitment schemes on hold for a year or two.

Younger workers further up the employment ladder are now competing with older workers who have been made redundant, or are experiencing career stalemate as older workers become reluctant to retire.   The feeling of being stuck, together with the recent decline in job security, may leave many younger workers feeling disengaged.  

This sense of disengagement taps into one of the key challenges facing employers in meeting the different needs of their younger employees: loyalty. While pay and financial incentives are important, employers who neglect career development risk making their fears of ‘job hopping' a self-fulfilling prophecy. Access to lateral and rotational opportunities is one way of encouraging young employees, who view them as a way of obtaining unique experiences to set them aside from their peers.  For example, internal and external secondments can help professional development and sometimes save costs for the employer.

Younger workers expect on-the-job feedback from their supervisors and want to be involved in setting their own goals and determining how to meet those of the business.  So, structured mentoring programmes involving regular feedback is another way of increasing motivation and loyalty.  

The right of young people to have sustainable access to training and apprenticeship opportunities should be a focus for the Government.  But this needs to be backed up by a push to reverse systemic age discrimination against young people in the workplace.  For example, the British Youth Council has called for a review of redundancy laws, under which workers aged under 22 are currently only entitled to half a week's statutory redundancy pay. Those aged 22 to 40 receive a full week.  

Young workers should be proactive in the promotion of their particular needs and interests.  However, the government and employers have a special responsibility to help and listen carefully to young workers who have less experience, representation and funding than their older peers.  The perception that young workers have not yet earned the right to have their voice heard is straightforward ageism and must be stamped out.

Chris Cooper is a solicitor specialising in employment law at Maclay Murray & Spens