employment law

Employment News

Employment Law News

Specialist UK Employment Law Advice
 
 
 

 Your business is our business

 

 

Age Law in the UK

By EBS Law
Dec 2, 2008 - 3:34:24 PM

Age discrimination is the main area of discrimination which is protected in some other countries but which is currently not directly protected in the UK. This will change from 1 October 2006 when the government will introduce age discrimination legislation - the final version of the regulations was published on 9 March 2006. The October date is in advance of the December deadline set by the Equal Treatment Framework Directive (2000/78/EC) which requires the this country to implement national legislation preventing age discrimination.

Age discrimination can take many forms. In legal terms, it will follow the same pattern as existing forms of discrimination law, namely direct and indirect discrimination, victimisation and harassment.

Age regulations are due to come into force on 1 October 2006. 


1. The regulations cover employment and vocational training. This includes access to help and guidance, recruitment, promotion, development, termination, perks and pay. 


2. The regulations cover people of all ages, both old and young. 


3. All employers, providers of vocational training, trade unions, professional associations, employer organisations and trustees, and managers of occupational pension schemes will have new obligations to consider. 


4. Goods, facilities and services are not included in the regulations. 


5. Upper age limits for unfair dismissal and redundancy will be removed. 


6. A national default retirement age of 65 will be introduced making compulsory retirement below age 65 unlawful (unless objectively justified). 


7. All empoyees will have the ‘right to request’ to work beyond the default retirement age of 65 or any other retirement age set by the company and all employers will have a ‘duty to consider’ requests from employees to work beyond 65. 


8. Occupational pensions are covered by the regulations, as are employer contributions to personal pensions. However, the regulations generally allow pension schemes to work as they do now. The regulations have more details. 


9. The regulations do not affect state pensions.
Employers need to prepare now for the new legislation by bringing all their policies and procedures into line with the new requirements, and seeking advice where necessary