Age
discrimination in employment
The
Employment Equality (Age) Regulations 2006 [in England,
Scotland and Wales] and the Employment Equality (Age) Regulations
(Northern Ireland) 2006 [in N. Ireland] ('the Regulations'),
covering age discrimination in employment and vocational training,
came into force on 1st October 2006.
The
Regulations cover people of all ages, both old
and young. The Regulations:
- Make
unlawful discrimination on the grounds of age or perceived age in
terms of recruitment, promotion and training
- Introduce
a national default (i.e. not compulsory) retirement age of 65. Dismissal
on the basis of retirement at the default retirement age or the
employer's retirement age [whichever is higher] is not unlawful
- Make
unlawful all retirement ages below 65 - except where it can be objectively
justified
- Allow
employment benefits (e.g. holiday allowance, sick pay scheme) which
are linked to length of service, provided that the length of service
is not more than 5 years. Periods longer than 5 years can be used
provided that this can be justified
- Remove
the upper age limit (which was 65) for unfair dismissal rights
- Remove
the lower (16) and upper (65) age limits for statutory sick, maternity,
adoption, paternity and redundancy pay
- Require
employers to give written notification to employees in advance of
their retirement date, and a right for employees to request to continue
working beyond their retirement date
Practice
action
Practices
should ensure that:
-
their recruitment, training and promotion procedures are non-discriminatory
-
their retirement processes conform to the Regulations
- their
employment benefits scheme meets the Regulations
Subscribers
to the Members section
can access more details and guidance about discrimination in recruitment,
training and promotion (including a Do's and Don'ts guide), together
with a draft Age Discrimination Policy and a draft Retirement Policy
- go there.
If
you are not a Member,
click here
for information about the benefits of membership and how to subscribe.
Note:
the Regulations apply, in part, to Partnerships.
It is likely that the role and additional remuneration for a 'senior'
partner may be seen as discriminatory under the Regulations, so too
may delays in reaching financial parity for a new Partner. Requirement
for Partners to retire before 65 will need to be objectively justified.
Practices should seek advice from their solicitors to ensure that
the terms of the Partnership Agreement conform to the Regulations.
Training workshops on
Age Discrimination legislation
