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Age related - Legislation
Since 1 October 2006, there is legal protection against age discrimination in the UK. It is therefore unlawful to discriminate on grounds of age.
Regulations 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
An employer can only retire an employee below 65 where they can show that having a lower retirement age is appropriate and necessary.
Whatever age the employee, the employer must inform in writing, at least six months in advance, of the intended retirement date of the employee.
The empoyee also now have a statutory right to request working beyond compulsory retirement, which the 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.
The employer will have to pay the employee the statutory minimum redundancy payment even if the employee is under 18 or over 65 (or after normal retirement age if this is lower). This means, if the employee meets all the other requirements, that employee will receive redundancy pay whatever their age.
