[WiLT] New Age Discrimination Act comes into force on 1st October 2006

[WiL Admin]

New Age Discrimination Act comes into force on 1st October 2006

On October 1 2006, new laws will come into force to protect workers
from age discrimination. The Employment Equality (Age) Regulations
will make it illegal for employers to discriminate against employees,
trainees or job seekers because of their age and ensure that all
workers, regardless of age, have the same rights in terms of training
and promotion.

The regulations will cover direct discrimination, indirect
discrimination, harassment and victimisation; and will include all
workers and those taking part in or applying for employment-related
training including further and higher education courses.

A national default retirement age of 65 will be introduced. Employers
will no longer be allowed to force someone to retire before then -
unless objectively justified where there is a genuine occupational
requirement. For example, the role of a character in a play or film,
or the serving of alcohol. The test is not an easy one, but it means
that in some circumstances there may be practices, policies or
procedures that have an age related aspect to them, but it will be
proportionate and legitimate to do so. It will be necessary for
employers to provide evidence if challenged; assertions alone will not
be enough.

All employees will have the right to request to work beyond the age of
65 or any other retirement age (if there is one) set by the company,
and employers will have a duty to consider, although not to accept,
such a request. This will involve an employee meeting with their
employer to discuss the request. An employee will have a right of
appeal if they are dissatisfied with the outcome of the meeting. This
policy will be reviewed in 2011.

Employers must 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.

There will no longer be an upper age limit for unfair dismissal and
redundancy. Older workers will have the same rights as younger workers
to claim unfair dismissal or receive a redundancy payment, unless
there is a genuine retirement.

The regulations will 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.

Age limits will be removed 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.

Lower and upper age limits in the statutory redundancy scheme will be
removed, but will leave the current age-banded system in place.

The regulations will provide exemptions for many age-based rules in
occupational pension schemes. The regulations will not affect the age
at which people can claim their state pension. Update: Additional two
months for pension schemes to adjust to age discrimination rules

Employers will be required to revise their recruitment and retention
policies, as they will no longer be allowed to use age as a
consideration in employment, promotion or retirement decisions. They
must also update their equality policy to include age, and all staff
should be made aware of the implications of the regulations.

Acas guidance and training courses

Acas is the nominated agency to provide advice on age issues. To
contact their helpline call 0845 747474 or visit
http://www.acas.org.uk

* Age and the workplace, a guide for employers - booklet (PDF)
http://www.acas.org.uk/media/pdf/d/t/6683_Age_and_the_Workplace_AWK.pdf
* Age and the workplace, a guide for individuals - booklet (PDF)
http://www.acas.org.uk/media/pdf/o/p/AL10_age_and_the_workplace_individuals.pdf
* What the regulations mean for individuals
http://www.acas.org.uk/index.aspx?articleid=1044
* Acas are running a series of Age Discrimination training courses for
employers. http://www.acas.org.uk/emsobs/acas_events_new.asp

For a Summary Fact Sheet as well as the regulations in full plus
examples of issues raised by age discrimination go to
http://www.agepositive.gov.uk/newsdetail.cfm?sectionID=44&newsid=678

Posted on WiLT blog at
http://www.freecharity.org.uk/~womeninlondon/?p=141