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Current Legal Position
• At present, it is not unlawful to discriminate on the grounds of age
• There is a voluntary Code of Practice
– Introduced in 1999– Aims to encourages good
practice before the legislation comes into force
Future Legal Position
• Equal Treatment Framework Directive to be implemented into UK Law
• Consultation Document and Draft Legislation to be produced
• Legislation to be implemented by October 2006
Discrimination Survey
• Survey of 200 job adverts
– No discrimination 51%– Other discrimination 11%– Age (non experience) 9%– Age (experience) 30%
Note of Caution!
• Employers should not wait until next year before considering the impact of the new legislation
• The time to act is now!
What Will the Law Cover?
• Direct Discrimination
– Where a decision is made in respect of an individual, on the basis of actual or perceived age
– Defence if justified according to Specified Aims
The Specified Aims
• Health, welfare and safety
• Facilitation of employment planning
• Particular training requirements for the post
• Encouraging or rewarding loyalty
The Specified Aims
• Need for a reasonable period of employment before retirement
AND
• Age-based approach must be appropriate and necessary in the particular circumstances
What will the Law Cover?
• Indirect Discrimination
– Where a blanket ban or a policy disadvantages a certain category of person because of their age
– Can justify if have good objective reasons for the policy
Other Proposals
• Harassment
• Victimisation
• Genuine occupational requirements
– e.g. Acting/Modelling
• Retirement
– Mandatory retirement age likely to be 65
• Pensions
Age Discrimination – The Key Proposals
• Unfair dismissal
– Reference to age in Employment Tribunal calculations will disappear
• Redundancy
– New formula for redundancy to ignore age and to include service under the age of 18
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