Employment Age Discrimination Legislation

Employment age discrimination legislation introduced by the UK Government in October 2006 eliminates age discrimination in employment and vocational training. The legislation has far-reaching effects and will ensure employers adopt age positive practices, meaning employers cannot use age as a factor in recruitment, selection, promotion and retirement unless it can be objectively justified. All companies throughout the UK regardless of status, size or market sector are required to comply with the recent legislation on Employment Age Discrimination.

Employment Age Discrimination Issues

Employment Age Discrimination issues are broad in scope. Some key legislative and regulatory points for employers to consider are:

• legislation took effect on 1st October 2006 and covers vocational training and employment including access to help and guidance, recruitment, promotion, development, termination, benefits and pay
• regulations cover all employees and potential employees of all ages
• all employers have new obligations to comply with
• goods, facilities and services are excluded from the regulations
• upper age limits for unfair dismissal and redundancy have been removed
• the national default retirement age of 65 makes compulsory retirement below the age of 65 unlawful (unless objectively justified) - this will be reviewed in 2011
• all employees will have the “right to request” to work beyond the default retirement age of 65 or any other retirement age set by the company
• all employers will have a “duty to consider” requests from employees to work beyond the age of 65
• occupational pensions are covered by the regulations, as are employer contributions to personal pensions
• the regulations do not affect state pensions

Spencerbull is well qualified to advise employers and employees on the impact of the new legislation and regulation.