AGE DISCRIMINATION IN EMPLOYMENT
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.
IF YOU NEED ANY FURTHER INFORMATION
REGARDING THIS MATTER, PLEASE CONTACT
THE PINNACLE PARTNERSHIP
or telephone us now on 0870 787 3688.
Or Visit the DTI web link on www.dti.gov.uk/er/equality/age.
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