Ashfords Solicitors - Employment Law Update

On 9 March the final draft of the Employment Equality (Age) Regulations 2006 were laid before Parliament. Subject to Parliament's approval, it is expected that the Regulations will come into force on 1 October 2006 (although transitional provisions relating to retirement will not be in place until April 2007).

The new regulations prohibit unjustified direct discrimination on the grounds of age or perceived age, as well as indirect discrimination on the grounds of age, covering any provision, criteria or practice which puts persons of a particular age group at a disadvantage.

Discrimination by harassment and victimisation is also prohibited. However, if a discriminatory act is a proportionate means of achieving a legitimate aim, the discrimination may be objectively justified.

The Regulations apply to employees, ex-employees, contract workers, office holders, job applicants and they benefit partners and applicants for partnerships.

The Regulations provide that: -

Employers can give benefits to employees which depend on length of service requirements of five years or less, or over five years where it fulfils a business need, for example rewarding loyalty, increasing motivation or acknowledging experience;
Compulsory retirement under 65 years of age is prohibited unless it is objectively justified. Where the normal retirement age for an employee is over 65 years, dismissal

before reaching that age may constitute discrimination;

Employers must consider an employee's wish to work beyond their retirement date. Employees must be told of this right six to 12 months before their retirement date; This provision will only affect employees turning 65 on or after 6 April 2007
Retirement will be a potentially fair reason for dismissal. Circumstances in which a dismissal will or will not be considered to be for retirement will be added.
The upper age limit for claiming unfair dismissal will be removed as will the tapering of the basic award for unfair dismissal between the ages of 64 and 65. The age factor in the Statutory Redundancy Payment calculation will remain (please see our
Ashfords is regulated by the Solicitors Regulation Authority. The information in this article is intended to be general information about English law only and not comprehensive. It is not to be relied on as legal advice nor as an alternative to taking professional advice relating to specific circumstances.

1st April 2006

Employment Law Update - April 2006

Introduction

Key Contacts

Employment Law Update - April 2006

Introduction