Age Discrimination Introduction

1
Age DiscriminationIntroduction

• Age Discrimination
• Comes into effect 1 October 2006
• The new law
• Practical application
• Permitted distinctions on the grounds of age
• Retirement the new procedure
• Recommended steps to take

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Age Discrimination1. The new law

• The Employment Equality (Age) Regulations 2006
• No minimum length of service applies
• Unlawful to discriminate on the grounds of age
• Applies directly or indirectly
• Harassment and victimisation also unlawful
• Applies to partnerships and their partners
• Retirement is now a potentially fair reason to
  dismiss
• Removes upper age ceiling on unfair dismissal
  claims
• Removes reduction in redundancy payments for over
  64s

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Age Discrimination2. Practical application

• Recruitment
• Unlawful to discriminate on age beware adverts
  for office junior, retired person etc
• Is it necessary to obtain d.o.b on applications
• During employment
• Unlawful to discriminate on age equal
  opportunities etc
• Access to training not discriminatory
• Distinctions can be drawn on some benefits
• Benefits with length of service
• Can still have distinctions on length of service
  up to 5 years
• After 5 years length of service the distinction
  must be reasonable and fulfil a business need

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Age Discrimination3. Permitted distinctions on
the grounds of age

• National minimum wage
• 16-17/18-21/22 distinctions still possible
• Occupational pensions
• Can still be based on length of service
• Enhanced redundancy payments
• Can still be based on length of service
• Life insurance cover
• After early retirement on ill-health grounds okay

5
Age Discrimination4. Retirement - the new
procedure

• Employers must follow a specified procedure
• Failure to do could result in an award of 8 weeks
  payDismissal also likely to be unfair
• Transitional rules apply for retirements between
  1 Oct 2006 and 31 Mar 2007
• Beware contractual notice

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Age Discrimination4. Retirement - the new
procedure (cont)

• Write to employees approaching retirement
  (between 6 and 12 months before) stating that
  they are due retire on that date and that they
  have the right to request not to retire
• If the employee wishes not to retire they must
  confirm in writing asking not to retire for a
  stated period, indefinitely or until a stated
  date
• If the parties agree this is the end of the
  procedure

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Age Discrimination4. Retirement - the new
procedure (cont)

• If no agreement a meeting must be arranged within
  a reasonable period
• Employee has the right to a companion
• Write to the employee with the outcome of the
  meeting and if the employees request is
  unsuccessful give the employee the right of
  appeal
• Another meeting must be arranged to discuss the
  appeal
• The outcome of the appeal meeting must be
  confirmed in writing

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Age Discrimination4. Retirement - the new
procedure (cont)

• Transitional Procedure
• Applies between 1 October 06 and 31 March 07
• Write to employee informing of retirement date
  and right to request not to retire on 1st
  October 2006. If this date is missed as soon as
  reasonably practicable thereafter
• Same procedure then applies

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Age Discrimination5. Recommended steps to take

• Update equal opportunities policy to refer to Age
  Discrimination as being unlawful
• Check redundancy policy and remove over 64
  distinction
• Create new retirement policy and check on
  forthcoming retirements
• Review contractual benefits for compliance
• Review application forms etc for compliance
• Train your staff Further details will be given
  in the PJH annual seminar this autumn