Removing age discrimination in Employment
Release date: Oct 2006

From 1 October 2006 new rules will require that all employers remove bias on grounds of age in employment. This will include policies and practices relating to:

• recruitment, selection and promotion
• criteria for benefits
• providing training
• retirement and redundancy
• occupational pensions

Employers will not be allowed to:

• directly discriminate on grounds of age – e.g. where they do not employ or promote an individual because of their age
• indirectly discriminate on grounds of age – e.g. where they require a number of years’ previous experience, which younger people are unlikely to have
• allow any harassment, bullying or victimisation on grounds of age either by the business or any employee

Discrimination on grounds of age is in addition to the other forms of protection against discrimination – sex, race, disability, gender reassignment, sexual orientation and religion or belief – which remain in force.

Retirement

• Employers will be able to set an employee retirement age for their employees, but it must be at or above 65 – the national default.
• Employers will not be able to impose compulsory retirement on employees who are younger than 65 unless they can objectively justify it.
• Employers will have to notify employees, in writing, 6-12 months in advance of their retirement date.
• Employers will have a duty to consider written request from employees to work beyond retirement age.

The rules also remove the upper age limits on unfair dismissal and redundancy rights.

For further information about these or any other employment issues please contact Chris Wiper
chris.wiper@close-thornton.co.uk

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