On 1 October 2006, the Employment Equality (Age) Regulations came into effect. This legislation makes it unlawful to discriminate on the grounds of age in employment and vocational training, unless this can be objectively justified. It prohibits direct discrimination, indirect discrimination, harassment and victimisation.
The Regulations have:
- introduced a national default retirement age of 65. Compulsory retirement below 65 will be unlawful, except where retirement at a younger age can be objectively justified;
- removed the current upper age limit for unfair dismissal and redundancy rights;
- introduced a duty for employers to consider an employee’s request to continue working beyond the normal retirement age; and
- imposed a requirement that employers give written notification to employees at least six months in advance of their intended date of retirement and notify them of their right to request to continue working.
The Advisory, Conciliation and Arbitration Service has published useful guidance for employers on the Regulations. This covers the following areas of employment:
- recruitment, selection and promotion;
- training;
- pay, benefits and other conditions;
- bullying and harassment; and
- retirement.
The guidance can be found here.
Employers are responsible for the actions of their employees. Policies and procedures should expressly prohibit all forms of discrimination on the grounds of age. Staff should be in no doubt that harassment on the grounds of age will not be tolerated. There will be no upper limit to the compensation payable if an employer is found guilty under the new legislation.
We advise any employer who has not yet done so to draw up an age equality policy. In doing so, it is sensible to consult with your workforce or their representatives. Make sure all staff are aware of the policy and provide any training necessary for its implementation.
