Employment Equality Age regulations 2006

The new Age regulations came into force on 1 October 2006. The regulations mean that employers can no longer discriminate against employees on the grounds of age.

Discrimination on the grounds of age is not allowed in employment, training and education, for people of all ages.

The law covers: · Recruitment · Redundancy · Unfair dismissal · Statutory sick pay · Retirement · Training · Education

Rights apply to: · Employees · Self-employed people · Office holders · Contract and agency workers · Job applicants · Former employees

This also covers adult, further and higher education or training, trade unions and professional associations.

Justification of discrimination
Some types of age discrimination can be justified by employers, but they must provide evidence that this is a proportionate way of meeting a legitimate aim. It would be up to employment tribunals and courts to decide whether or not a measure was justified or not.

Exceptions
There are some exceptions which allow employers to discriminate without the need to justify it;

· Benefits that link to length of service below 5 years service
· Genuine occupational requirements
· Need for ‘positive action’
· Where existing legislation specifies an age requirement
· Wage differentials according to the National Minimum Wage

The Regulations provide that it is unlawful on the grounds of age to:

· Decide not to employ you
· Dismiss you
· Refuse to provide you with training
· Deny you promotion
· Give you adverse terms and conditions
· Retire you before your usual retirement age (if you have one) or retire you before the default retirement age of 65 without an objective justification

However, there is a lack of protection for people over age 65, or your employer’s normal retirement age if higher than this and within 6 months of this age. In this case there is no protection when applying for jobs.

Training
People in adult education are also protected from discrimination on the grounds of age. This includes further and higher education and adult learning and training (including that provided by employers) which provides skills relevant to work.

Course providers must offer the same terms to people of all ages. Positive action for certain age groups is justified if this helps to compensate for a disadvantage faced by people in a particular age group.

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