Age Discrimination - Important New Regulations.
From 1st October it is no
longer lawful to discriminate on the grounds of age.
These regulations have been introduced to provide equality in age related
employment the same way we have already for : sex, race, disability etc.
The new laws ensure that people are no longer denied jobs or harassed because
of
their age, and in most cases, workers of all ages will have an equal chance of
training and promotion.
What do the regulations mean ?
The new laws give individuals new rights, they extend existing
rights and remove traditional barriers.
They apply to all employers ; private and public sector, vocational training
providers, trade unions, professional organisations, employer organisations,
trustees and managers of occupational pension schemes.
They cover employees of any age.
They cover recruitment, terms and conditions, promotions, transfers, dismissals,
and training.
They do not cover provision of goods and service.
The new regulations will stop unjustified age discrimination in employment and
work related training.
Employers must make sure that any redundancy policies don't directly
discriminate against older workers.
They must not discriminate indirectly - for example, by selecting part time
workers
for redundancy, when a large number of these may be older workers.
The only exceptions are where an age requirement can be objectively justified.
Harassment and victimisation are also covered.
The rights of employees facing retirement.
Your employer can only retire you below 65 where they can show that having a
lower retirement age is appropriate and necessary.
Whatever age you are, your employer must inform you in writing, at least six
months
in advance, of your intended retirement date.
You now have a statutory right to request to work beyond compulsory retirement
which your employer must consider.
Older people experience most age discrimination, however, it also takes place
against young people. It is now unlawful for an employer to impose a lower
age
limit when recruiting, unless this age restriction can be objectively
justified or is imposed by law.
The upper and lower age limits for the entitlement of statutory redundancy pay
have been removed.
Your employer will have to pay you the statutory redundancy payment even if you
are under 18 or over 65 (or after your normal retirement age if this is lower).
This
means that if you meet all the other requirements, you will receive
redundancy pay whatever your age.
The upper age limit on unfair dismissal claims is also removed.
Society is changing and the working population is getting
older. Better health standards mean that some people are choosing to work
longer. Treating staff fairly and equally is the right thing to do.
If you think you are suffering age discrimination - please contact Unity, where your
officer will give you help and guidance to resolve your problem.
Contact details are at the top right of this page.