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Legal
Basics
-
Employment
Last modified:
24 March 2010
Age Discrimination
The Employment Equality (Age) Regulations 2006
come into force on 1 October 2006.
The regulations (which will not affect the age at which people can claim their
state pension) will:
- ban age discrimination in terms of recruitment, promotion and training.
- ban unjustified retirement ages of below 65.
- remove the current age limit for unfair dismissal and redundancy rights.
They will also introduce:
- a right for employees to request working beyond retirement age and a duty on
employers to consider that request.
- a new requirement for employers to give at least six months notice to
employees about their intended retirement date so that individuals can plan
better for retirement, and be confident that "retirement" is not being used as
cover for unfair dismissal.
Scope of Regulations
The Regulations apply to employment and vocational training. They prohibit
unjustified direct and indirect age discrimination, and all harassment and
victimisation on grounds of age, of people of any age, young or old.
As well as applying to retirement they:
- remove the upper age limit for unfair dismissal and redundancy rights, giving
older workers the same rights to claim unfair dismissal or receive a redundancy
payment as younger workers, unless there is a genuine retirement
- allow pay and non-pay benefits to continue which depend on length of service
requirements of 5 years or less or which recognise and reward loyalty and
experience and motivate staff
- remove the age limits for Statutory Sick Pay, Statutory Maternity Pay,
Statutory Adoption Pay and Statutory Paternity Pay, so that the legislation for
all four statutory payments applies in exactly the same way to all
- remove the lower and upper age limits in the statutory redundancy scheme, but
leave the current age-banded system in place.
- provide exemptions for many age-based rules in occupational pension schemes.
For more information see
http://www.direct.gov.uk/en/Employment/ResolvingWorkplaceDisputes/DiscriminationAtWork/index.htm for full details on
Employment Equality (Age) Regulations 2006
ACAS has also published good practice guidance on the regulations.
Age and the Workplace is available free online or can be ordered from the
publications orderline on 08702 42 90 90. If employers need further help, they
can register online for one of the ACAS training courses.
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