- Employment Equality Regulations 200619 April 2007
The Employment Equality (Age) Regulations 2006 came in to force on 1 October 2006. They protect employees, young and old, from discrimination on the basis of their age making it unlawful to take decisions based on a person’s age.
The Regulations cover the whole of the employment relationship from recruitment, through pay and promotion, to termination.
Before employment
Job advertisements should be scrutinised to ensure they do not include language associated with age. Advertising should also cover a range of media as, for example, internet advertising could be said to discriminate against older potential employees as it attracts a younger audience.
During employment
Unless justified salaries and holidays based on length of service may be indirectly discriminatory. Promotion should also not be based solely on age.
It is possible for employees to claim harassment on grounds of their age. Employers should ensure all employees are also aware of the regulations as they may be liable for the actions of their employees if age discrimination or harassment on the basis of age is claimed.
Service related benefits based on a requirement of over 5 years will require an objective justification.
At the end of employment
The biggest and most widely known change is the removal of the upper age limit for unfair dismissal claims. Any employer wishing to dismiss an employee aged 65 or over must now follow the statutory procedure as with other employees to ensure they protect themselves.
The default retirement age of 65 means that if employers wish to have a lower age for retirement they will have to objectively justify this age.
There is a new Retirement Process. Employers must give employees at least six months notice or their retirement date. Any employee who wishes to work beyond this may inform their employer and put in a request to do so. Employers must advise Employees of their right to put in a request to avoid any dismissal being rendered automatically unfair. Employers also have a duty to consider these requests.
It is vital any existing procedures and/or policies in place are reviewed to ensure they do not fall foul of these regulations.
If you require further information or advice concerning the Employment Equality (Age) Regulations 2006, please contact Martin Stevens on mds@hallettandco.co.uk or Darren Thorneycroft on dct@hallettandco.co.uk or telephone 01233 625 711.
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