AGE DISCRIMINATION
From October 2006 age discrimination will be unlawful in employment and vocational training. Procedures should be checked now to ensure that stereotypes about age are not reinforced. Capability and potential are often judged by how old we are, but the new legislation will address our often unconcious attitudes and employers need to be reviewing their practices and procedures to ensure that they will be compliant.
Recruitment and provision of references will also be covered under the new legislation and it will apply to people of all ages. All workers, employees, the self-employed, contract workers and office holders will all be protected. Upper age limits for unfair dismissal and redundancy will be removed.
The present retirement age of 65 is due for renewal in 2011 and all employees will have the right to request to work beyond the default retirement age of 65 (or any other retirement age set by the company) and all employers will have a duty to consider requests from employees to work beyond the age of 65.
Exemptions are allowed and they should be considered carefully.
Benefits based on a length of service requirement of 5 years or less will be exempted and will be able to continue but after the 5 year exemption, employers must show that there will be an advantage for rewarding loyalty, encouraging motivation and recognising the experience of workers not simply on the basis of length of service.
Essentially, it will be illegal for employers to discriminate against employees on the grounds of their age. It is bound to affect you and it is sensible to plan now to ensure that your policies and procedures (including recruitment, selection, training and retirement policies) do not accidentally discriminate against older or younger workers.
For furter information please contact Judith Ellery or Angelina Rigby, partners in the Employment Team on 0117 9290451 or email jellery@metcalfes.co.uk or arigby@metcalfes.co.uk.
This press release summarises the law on issues which we believe may be of interest to your business. It is not a comprehensive review of the subjects and accordingly is published without responsibility for loss occasioned to any person(s) acting or refraining from action as a result of information published