Age Discrimination
New Rugulations against Age Discrimination
These regulations have been introduced because there's a need for age-related employment equality in the same way as we already have equality for sex, race, disability, sexual orientation and religion or belief.
Society is changing and the working population as a whole is getting older. The number of people aged under 50 is set to fall by two per cent by 2016, while the number aged between 50 and 69 is set to increase by 17 per cent. Better health standards mean that some people are choosing to work longer.
The new laws help ensure that people are no longer denied jobs or harassed because of their age, and in most cases, workers of all ages will have an equal chance of training and promotion.
What do the regulations mean?
The new laws give individuals important new rights, extend existing rights and remove traditional barriers.
They 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. They cover employees of any age, and other workers, office holders, partners of firms and others. They cover recruitment, terms and conditions, promotions, transfers, dismissals and training.
They do not cover provision of goods and services.
The regulations make the following changes to the law.
Stop unjustified age discrimination in employment and work-related training
Employers must make sure that any redundancy policies don't directly discriminate against older workers. They must not discriminate indirectly - for example, by selecting only part-time workers for redundancy, when a large number of these may be older workers. The only exceptions are where an age requirement can be objectively justified.
Harassment and victimisation on the grounds of age are also covered by the regulations.
Improve the rights of employees facing retirement
Your employer can only retire you below 65 where they can show that having a lower retirement age is appropriate and necessary.
Whatever age you are, your employer must inform you in writing, at least six months in advance, of your intended retirement date.
You also now have a statutory right to request working beyond compulsory retirement, which your employer must consider.
Remove the upper age limit for unfair dismissal and redundancy rights
The new regulations remove the upper and lower age limits for the entitlement of statutory redundancy pay. The upper age limit on unfair dismissal claims is also be removed.
Your employer will have to pay you the statutory minimum redundancy payment even if you are under 18 or over 65 (or after your normal retirement age if this is lower). This means, if you meet all the other requirements, you will receive redundancy pay whatever your age.
The Interactive
Law Group