Calls have been made for age discrimination in the workplace to be made unlawful.

Alain van Gils and Craig Anderson, of Brighton-based Thinkwell, say government attempts to tackle age-ism have failed and the problem remains widespread.

They founded the firm to help older people find employment and encourage employers to consider the 45-plus age group when recruiting.

A report by the information group ICM for Age Concern found 31 per cent of people aged 51 to 64 had been discriminated against in employment because of their age. It said the findings proved the voluntary code of practice, which the Government adopted in 1999, had failed.

Seventy per cent of people believed age discrimination occurred - the same figure as when Age Concern carried out a similar poll three years ago, before the introduction of the code.

The Government has pledged to incorporate Article 13, an EU Directive designed to outlaw unfair discrimination at work on the grounds of sexual orientation, religion or age, into UK law. This is not expected to happen until 2006.

Mr Anderson said: "The findings of the survey don't come as a shock. We speak to more than 100 companies every week. Most have never heard of the code."

Legislation in 2006 would be the catalyst for change but that did not help the people now looking for employment who were being actively discriminated against.

"What purpose does a code of practice serve if it is not enforceable by law and doesn't help the very people it is supposed to?" said Mr Anderson.

"We need socially-responsible and forward thinking companies, big and small, to support the older worker and promote age diversity within the workplace. We need to rally large corporations, get behind the code of practice and fill widely-publicised skill shortages with older employees.

"We need more public/private partnerships like our alliances with the Sussex Careers Service and the Employment Service, which ensure employees are given every chance to find employment."

Age Concern director-general Gordon Lishman said the survey was proof age discrim-ination in employment was rife.

"The Government's voluntary code of practice isn't working. Comprehensive legislation is needed now, not just to cover the workplace, but many other sectors of life."