Employment Equality (Age) Regulations

This overview of the regulations is for information only and does not use precise legal terms contained within the regulations. Further reference should be made.

From 1st October 2006 the Employment Equality (Age) Regulations make it unlawful to discriminate against employees, job seekers and trainees because of their age.

These regulations apply to all employers, private and public sector, vocational training providers, trade unions, professional organisations, employer organisations and trustees and managers of occupational pension schemes. In this context an employer is anyone who has employees or who enters into a contract with a person for them to do work. The regulations cover recruitment, terms and conditions, promotions, transfers, dismissals and training.

Employers could be responsible for the acts of employees who discriminate on the grounds of age, which makes it essential to train staff on the regulations.

Upper age limits on unfair dismissal and redundancy will be removed.

The national default retirement age will be 65, making compulsory retirement below 65 unlawful unless objectively justified.

Employees will have the right to request to work beyond 65 or any other retirement age set by the company. The company has a duty to consider such requests. Employees who are subjected to discrimination, harassment or victimisation may be unhappy, less productive and less motivated; resign or make a complaint to a tribunal

Employers may find:

1) Their reputation as a business and an employer may be damaged
2) The cost of recruitment and training will increaser due to high employee turnover
3) They may be liable to pay compensation following a claim to an employment tribunal – there is no upper limit to the amount of this award

The regulations make it unlawful on the grounds of age to:

Discriminate directly against anyone – To treat anyone less favourably than others because of their age unless objectively justified.

Discriminate indirectly against anyone – To apply criterion, provision or practice which disadvantages people of a particular age unless it can be objectively justified.

Subject someone to harassment. Harassment is unwanted conduct that violates a person’s dignity or creates an intimidating, hostile, degrading, humiliating or offensive environment for them having regard to all the circumstances including the perception of the victim.

Victimise someone because they have made or intend to make a complaint or allegation or have given or intend to give evidence in relation to a complaint of discrimination on the grounds of age.

Discriminate against someone, in certain circumstances, after the employment relationship has ended.

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