From 1 October 2006,
new laws protect workers from age discrimination. The Employment Equality
(Age) Regulations 2006 make it illegal for employers to discriminate against
employees, trainees or job seekers because of their age and ensure that
all workers, regardless of age, have the same rights in terms of training
and promotion.
This new legislation protects employees in much the same way as other existing
discrimination legislation on Sex, Race, Disability etc.
The main points
of the new Regulations are as follows:
- A national default retirement
age of 65 means that employers can no longer force someone to
retire before then - unless objectively justified where there
is a genuine occupational requirement. Such justification is likely
to prove difficult and the only possible example quoted is that
of an actor required to play a character of a certain age.
- There is no longer an upper
age limit for unfair dismissal and redundancy. Older workers have
the same rights as younger workers to claim unfair dismissal or
receive a redundancy payment, unless there is a genuine retirement.
- The Regulations allow pay
and non-pay benefits to continue which depend on length of service
requirements of 5 years or less or which recognise and reward
loyalty and experience and motivate staff.
- All employees will have
the right to request to work beyond the age of 65 or any other
retirement age set by the employer (above 65), and employers will
have a duty to reasonably consider, although not to accept, such
a request. This will involve an employee meeting with their employer
to discuss the request and an appeal process if necessary.
- Employers must give at
least six months notice to employees about their intended retirement
date so that individuals can plan better for retirement, and be
confident that "retirement" is not being used as cover
for unfair dismissal.
- Age limits are removed
for statutory sick pay, statutory maternity pay, statutory adoption
pay and statutory paternity pay, so that the legislation for all
four statutory payments applies in exactly the same way.
- Lower and upper age limits
in the statutory redundancy scheme are removed, but will leave
the current age-banded system in place.
- The Regulations provide
exemptions for many age-based rules in occupational pension schemes.
The new laws do not affect the age at which people can claim their
state pension.
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THE PINNACLE PARTNERSHIP IS REGULATED BY THE MINISTRY OF JUSTICE IN
RESPECT OF REGULATED