Making Sense of Employment Law - Age Discrimination Law By Martin Searle At Isnare.com Ezine Articles

Age discrimination law - who is protected?

Since October 1, 2006, the law on age discrimination at work (Employment Equality Age Regulations) has made it unlawful to discriminate on the grounds of age against:

• Workers
• Employees
• Job seekers
• Trainees
• Agency workers (by either the agency or the end user to whom they are supplied)
• Office holders, partners and members (political offices are excluded)

Types of age discrimination in the workplace

Direct discrimination

This is where someone is treated less favourably than others because of their age unless the treatment can be objectively justified.

Indirect discrimination

This is where a criteria, provision or practice disadvantages people of a particular age, unless the practice can be justified. Indirect discrimination is unlawful whether it is intentional or not.

Harassment

Harassment is unwanted conduct that violates a person’s dignity or creates an intimidating, hostile, degrading, humiliating or offensive environment for them having regard to all the circumstances including the perception of the victim. Harassment is unlawful whether it is intentional or not and does not have to be targeted at an individual.

Victimisation

This is where someone is treated detrimentally because they have made, or intend to make, a complaint or allegation. Also where they have given, or intend to give, evidence in relation to a complaint of age discrimination at work.

Age discrimination - UK position on retirement

The Regulations have set a default retirement age of 65 (to be reviewed in 2011). This means employers can retire employees or set retirement ages at or above 65. Employers can still set a retirement age below the age of 65, but they need to justify this.

Retiring an employee within age discrimination law

Under the law on age discrimination, employers need to inform the employee in writing of their intended retirement age and their right to make a request to work beyond retirement at least six months, but not more than 12 months, before the intended retirement date. If not, the retirement will be unfair.

If the employee has been notified and wishes to continue working, they must request to do so more than three months before they reach the intended retirement age.

If the employer fails to notify the employee six months in advance of retirement, they may be liable for compensation. They have an ongoing duty up until two weeks before the retirement dismissal to inform the employee of both the intended date and their right to request working longer. Failure to do this will result in the dismissal being automatically unfair.

If the employee is not notified of their intended retirement age and their right to request to continue working, the employee is still able to make a request not to retire at any stage until dismissal. If the employee does make such a request, the employment must continue until the day after the employer notifies the employee of their decision to the request.

If the employee makes a written request not to retire, it must be considered before the employee is retired. Failure to do so under the law on age discrimination at work will make the dismissal automatically unfair. The employer must meet the employee to discuss their request within a reasonable period of receiving it - unless they agreed to the request or it is not practicable to hold a meeting - and inform them in writing of their decision as soon as reasonably practicable. There is no obligation to give a reason for the decision.

The employee has the right to be accompanied at this meeting and any subsequent appeal meeting. Although the employee’s employment continues until after the employer has informed them of their decision on their request to continue working beyond retirement age, the appeal meeting can be held after the retirement has taken effect.

In line with the law on age discrimination in the workplace, this procedure must be repeated each time an individual nears an extended point for retirement. Provided the procedure is followed correctly, the dismissal will not be unfair.

These Age Regulations also remove the upper age limit on unfair dismissal and redundancy claims.

Want to talk to us about age discrimination UK?

If you would like to discuss age discrimination law or for any other information relating to discrimination in the workplace please email Fiona Martin or call your local martin searle solicitors’ office on 01273 609911 (Brighton) or 0208 256 4490 (Croydon).

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