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Age concern

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Age Discrimination Legislation

Legal firms will already have turned their attention to the legal requirements regarding age discrimination. Any finding that a firm has failed to comply with the law is obviously even more damaging for lawyers than for other professionals.

This may have a significant benefit for lawyers in focusing attention on the very real benefits that age and experience can bring. Paying lipservice to giving opportunity regardless of age is not enough. The positive advantages will only come if it is taken seriously.

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Age brings experience

A combination of knowledge and experience is the best way to allow legal skills to be properly developed and used. Thus if the experience that comes with age should be valued in any profession, it is the law. That applies both to people already within the profession, utilising the skills developed over decades, and to new recruits. Mature entrants who have acquired a certain skill set, whether banking, financial services, medical or client care, can combine those with their legal knowledge to add something to any firm or chambers.

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Senior judges

The calibre of senior judges should make this obvious. Showing that a first-rate legal brain can easily be used until the age of 70. Those retired judges who work as arbitrators or elsewhere simply demonstrate how much they have to offer beyond 70. Bear in mind that Sir Sydney Kentridge QC has shown that being over 70 does not stop you being one of the handful of leading lawyers in the country.

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Day off at a hundred

It was heartening to see the recent reports of "Buster" Martin, car mechanic and valeter, enjoying his 100th birthday by having a celebration day off work organised by his employer. More significant than their commendation of his excellent work was the fact that they had hired him at 97. There is real commitment to recruitment on merit not age.

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Hire on merit

Discrimination of all sorts, whether on the grounds of race, religion, sexual orientation or age is wrong. It is also inefficient. The only issue whether as regards recruitment or retention should be what people have to offer. People would probably regard that as obvious in the other categories mentioned. They should remember it applies just as much to age.

It will be a great shame if the perception of the age discrimination rules themselves causes problems about targeting experience. Already recruiters are concerned about asking for someone “dynamic” on the basis that this suggests a younger person (why?!). Similarly there may be a concern about asking for experience on the grounds that it might rule out younger people. It would be ironic indeed if the perception of the effect of the age discrimination rules prevents an appeal to what is the older employees’ strongest suit.

Michael J. Booth QC