Age discrimination
New laws, which came into force on 1st October 2006, protect workers from direct and indirect age discrimination, harassment and victimisation. The Employment Equality (Age) Regulations make it illegal for employers to discriminate against employees, trainees or job seekers because of their age and ensure that all workers, regardless of age, have the same rights in terms of training and promotion. The law covers everyone either in or seeking employment or vocational training - this is not just about older workers. Claims of age discrimination are heard at an employment tribunal.
The age profile of Liverpool City Council employees forms part of the twice yearly Workforce Monitoring Report.
The Diversity and Social Inclusion Team have a number of initiatives to assist young people in gaining qualifications and experience to give them an increased chance of gaining meaningful employment. For further information email or contact them on telephone number 0151 233 4444.
What the regulations cover
The regulations cover:
- Direct discrimination
- Indirect discrimination
- Harassment and victimisation.
Who is covered by the new Law?
They include all workers and those taking part in or applying for employment-related training, including further and higher education courses.
What's changed?
Retirement Age
A national default retirement age of 65 means that employers can no longer force someone to retire before then - unless objectively justified where there is a genuine occupational requirement. For example, the role of a character in a play or film, or the serving of alcohol.
In circumstances were there is a reason to have age-related criteria it will be necessary for employers to provide evidence if challenged; opinions will not be enough.
All employees will have the right to request to work beyond the age of 65 or any other retirement age (if there is one) set by the company, and employers will have a duty to consider, although not to accept, such a request. This will involve an employee meeting with their employer to discuss the request. An employee will have a right of appeal if they are dissatisfied with the outcome of the meeting. This policy will be reviewed in 2011.
Employers must give at least six months notice to employees about their intended retirement date so that individuals can plan better for retirement, and be confident that "retirement" is not being used as cover for unfair dismissal.
Unfair Dismissal/Redundancy
There is no longer an upper age limit for unfair dismissal and redundancy. Older workers have the same rights as younger workers to claim unfair dismissal or receive a redundancy payment, unless there is a genuine retirement.
Employee Benefits
The regulations allow pay and non-pay benefits to continue which depend on length of service requirements of five years or less or which recognise and reward loyalty and experience, and motivate staff.
Statutory Payments
Age limits are removed for statutory sick pay, statutory maternity pay, statutory adoption pay and statutory paternity pay, so that the legislation for all four statutory payments applies in exactly the same way.
Lower and upper age limits in the statutory redundancy scheme are removed, but will leave the current age-banded system in place.
Pensions
The regulations provide exemptions for many age-based rules in occupational pension schemes. The regulations do not affect the age at which people can claim their state pension.