On 1 October 2006, the Employment Equality (Age) Regulations came into effect. This legislation has made 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 will:
- introduce 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;
- remove the current upper age limit for unfair dismissal and redundancy rights;
- introduce a duty for employers to consider an employee’s request to continue working beyond the normal retirement age; and
- impose 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.
- recruitment, selection and promotion;
- training;
- pay, benefits and other conditions;
- bullying and harassment; and
- retirement.
Employers are responsible for the actions of their employees so if you need to bring about a culture change in your organisation, the time to act is now. 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.
