Note: This advice is given by the CAP Executive about non-broadcast advertising. It does not constitute legal advice. It does not bind CAP, CAP advisory panels or the Advertising Standards Authority.
The Code does not deal specifically with age discrimination, either generally or specifically in the section on employment.
Although it deals with complaints about offence on the grounds of sex, race or age, the ASA does not deal with offence caused by explicit or implicit discrimination on the grounds of age (for example “young enthusiastic person required”). That is because age discrimination in employment is covered by The Employment Equality (Age) Regulations 2006 Act. Marketers should seek legal advice if they are at all concerned about the legality of their marketing communications.
The Department for Business, Innovation and Skills offers guidance on age discrimination in employment matters on their website: see
www.bis.gov.uk/employment . The website contains helpful documents as well as useful links to external bodies, including the Advisory, Conciliation and Arbitration Service (ACAS).
ACAS has prepared two useful guidance documents on age discrimination for employers and individuals; see these links: www.acas.org.uk/media/pdf/d/t/6683_Age_and_the_Workplace_AWK.pdf and www.acas.org.uk/media/pdf/o/p/AL10_age_and_the_workplace_individuals.pdf.
Last modified : 17 April 2012