Age
The Employment Equality (Age) Regulations come into force on 1st October 2006 and apply to:
- Employment & Vocational Training
- Higher Education & Further Education in their provision for students, i.e. courses and services
The aim of the legislation is to increase age diversity in employment and prevent age discrimination.
The Regulations prohibit:
- Direct and Indirect Discrimination,
- Victimisation
- Harassment on the grounds of age or apparent age.
Direct or indirect discrimination will be unlawful unless it can be “objectively justified”
This means that if a provision, criteria or practice disadvantages people of a particular age group it will be unlawful unless it can be shown that the treatment or provision is a proportionate means of achieving a legitimate aim. Evidence will be required and it has to be shown that the aim cannot be achieved by an alternative approach which would have a less discriminatory impact. There are some exemptions:
- It will not be unlawful to refuse employment to an applicant over 65 or who will reach 65 within 6 months of commencement.
- Terms and conditions of service and benefits linked to length of service of 5 years or less (or provisions which mirror a statutory benefit) are exempt.
In addition the regulations introduce a new Statutory Retirement Procedure which incorporates the right to request to work on beyond retirement.
Information and guidance was circulated to managers in September 2006 and a retirement procedure was developed (link)