Agency Asking For 'Career Start' Date = Age Discrimination ?

[SunnyInHades]

I've noticed that a particular agency are asking for 'Career Start' date on on-line applications - blurb claims that this isn't to age discriminate but to "match skill-set with client's needs"

Client need = "No old ones over 35"
Agency = "Assuming coder started fresh faced at 21 out of college, that allows 14 years max experience. OK, we'll set the auto-reject-filter to 1996 .. the cvs of any old codgers who were working before that will be deleted before we get them"

Surely illegal now ?

P.S. Doesn't effect me as I'm 22 and 5+ years experience in all 37 skills required.

[BolshieBastard]

I've noticed that a particular agency are asking for 'Career Start' date on on-line applications - blurb claims that this isn't to age discriminate but to "match skill-set with client's needs"

Client need = "No old ones over 35"
Agency = "Assuming coder started fresh faced at 21 out of college, that allows 14 years max experience. OK, we'll set the auto-reject-filter to 1996 .. the cvs of any old codgers who were working before that will be deleted before we get them"

Surely illegal now ?

P.S. Doesn't effect me as I'm 22 and 5+ years experience in all 37 skills required.

It could also be used to filter out younger people with less experience so yes, I think it is a get around the age discrimination thing.

I've noticed a few of these tricks creeping in, agents want to ask what you know about the V model, what's in a Test Plan blah, blah, blah.

[Zippy]

I agree with BB that it's probably to filter out the younger applicants. Just in case it is designed to filter out the older ones you could take a flexible approach to defining 'career start date' e.g. I started my web developer career in 1999, I started my c# career in 2004 etc.

[northernladuk]

I've noticed that a particular agency are asking for 'Career Start' date on on-line applications - blurb claims that this isn't to age discriminate but to "match skill-set with client's needs"

Client need = "No old ones over 35"
Agency = "Assuming coder started fresh faced at 21 out of college, that allows 14 years max experience. OK, we'll set the auto-reject-filter to 1996 .. the cvs of any old codgers who were working before that will be deleted before we get them"

Surely illegal now ?

P.S. Doesn't effect me as I'm 22 and 5+ years experience in all 37 skills required.

You are also making a pretty raw assumption in all this. I can't believe for one minute the client has asked for this so you are making an issue where one doesn't exist based on a poor assumption

[The Agents View]

You are also making a pretty raw assumption in all this. I can't believe for one minute the client has asked for this so you are making an issue where one doesn't exist based on a poor assumption

Age discrimination rules do not apply to contractors. The client is selecting a sub contract company, that just happens to be your limited company - they are not employing you, your limited company is - therefore, the only person who can discriminate against your age, and break the rules are your limited company.

HTH

[SueEllen]

Age discrimination rules do not apply to contractors. The client is selecting a sub contract company, that just happens to be your limited company - they are not employing you, your limited company is - therefore, the only person who can discriminate against your age, and break the rules are your limited company.

HTH

Bollocks.

All discrimination laws apply to clients whether they hiring or using people as contractors, freelancers, permanent employees or temporary employees.


These laws also apply to third parties i.e. agencies acting for clients.

I suggest you actually bother to read the various discrimination Acts yourself (Hint - they can easily be found via google) before posting. Alternatively you can get a solicitor to explain the relevant parts to you.....

Edited to add: The discrimination laws have been written or amended just so people like The Agents View can't try different methods to overtly discriminate against people.

[Clippy]

Age discrimination rules do not apply to contractors. The client is selecting a sub contract company, that just happens to be your limited company - they are not employing you, your limited company is - therefore, the only person who can discriminate against your age, and break the rules are your limited company.

HTH

Not your agency is it?

[The Agents View]

Bollocks.

All discrimination laws apply to clients whether they hiring or using people as contractors, freelancers, permanent employees or temporary employees.


These laws also apply to third parties i.e. agencies acting for clients.

I suggest you actually bother to read the various discrimination Acts yourself (Hint - they can easily be found via google) before posting. Alternatively you can get a solicitor to explain the relevant parts to you.....

Edited to add: The discrimination laws have been written or amended just so people like The Agents View can't try different methods to overtly discriminate against people.

<sigh> Wrong!

The contract is between the agency and the limited company, for the provision of consultancy resources. I place Limited companies, to complete specific pieces of work, complete with substitution clauses - it doesn't matter if that piece of work is SueEllen limited, or a major consultancy business - the LIMITED COMPANY is the employer, and the only people who can be subjected to age discrimination laws in employment, are employers - otherwise, you're all psuedo permanent employees - and I'll expect you'll love your visit from the Inland Revenue.

SueEllen - May I also suggest you tone your language down a tad please - I don't address you like that, kindly extend me the same courtesy.

[ASB]

<sigh> Wrong!

The contract is between the agency and the limited company, for the provision of consultancy resources. I place Limited companies, to complete specific pieces of work, complete with substitution clauses - it doesn't matter if that piece of work is SueEllen limited, or a major consultancy business - the LIMITED COMPANY is the employer, and the only people who can be subjected to age discrimination laws in employment, are employers - otherwise, you're all psuedo permanent employees - and I'll expect you'll love your visit from the Inland Revenue.

SueEllen - May I also suggest you tone your language down a tad please - I don't address you like that, kindly extend me the same courtesy.

When in hole stop digging.

1) Age discrimination protects against being denied employment. This rather defeats your argument against it only applying to employees

2) Age discrimination protects WORKERS. Third party staff can (and usually are) workers under the definition in the legislation.

If you take your somewhat strange view one could infer that one of your clients may say "hey TAV no pakistanis" and there would be no breach of the race relations act.

http://www.direct.gov.uk/en/Employme...rk/DG_10026429

Age discrimination at work is unlawful in almost all types of employment. All employees and workers of any age are protected from age discrimination including partners of firms, contract workers and anyone in vocational training.
All aspects of your employment (or prospective employment) are protected from age discrimination, including your recruitment, employment terms and conditions, promotions, transfers, dismissals and training.
In some cases different treatment of a worker or employee because of their age can be justified, for example making special provisions for younger or older workers in order to protect their safety and welfare. See section on objective justification below.
Age discrimination protection does not cover the provision of goods and services.

I would concede that you might try to justify your argument with the last sentence (i.e. you are providing goods and services) however I really wouldn't want to be chatting with a judge on that basis.

[SueEllen]

ASB - you are so kind.

The Agents View - when people who claim to be agents, and therefore have some control over others livelihoods, spread misinformation about the law then they have to be corrected.

And as you are a pimp don't expect people to be kind to you on this board. Notice it's called contractoruk not agentuk.