Age Discrimination

On 1 October 2006 the Employment Equality (Age) Regulations 2006 SI 2006/ 1031 (‘the Regulations’) come into force, making it unlawful for employers and a number of other bodies to discriminate against a person on the ground of his or her age. The Regulations implement the age aspect of EC Directive (No.2000/78) establishing a general framework for equal treatment in employment and occupation (‘the Framework Directive’), which sets out a framework for eliminating employment or occupational inequalities based on religion, belief, disability, age and sexual orientation. The Regulations apply across Great Britain (England, Scotland and Wales), with separate rules – the Employment Equality (Age) Regulations (Northern Ireland) 2006 SR 2006/261 – applicable in Northern Ireland.

The Regulations prohibit direct and indirect discrimination (subject to the employer’s defence of objective justification and the application of a number of explicit exceptions), victimisation and harassment in employment. They apply to all employers (there is no exception for small employers), vocational training providers, trade unions, professional organisations, employer organisations and trustees and managers of occupational pension schemes. They cover employees (and to an extent other workers) of all ages – both young and old – and apply throughout the employment process, to recruitment and selection, promotion, training, pay and benefits, dismissal and post-termination relationships. Individual complaints under the Regulations will be brought to an employment tribunal which has the power to award the usual remedies under discrimination law, such as unlimited compensation (including an element for injury to feelings).

Scheme of the Supplement

The scheme of the Supplement is as follows:

Chapter 1 examines the different forms of discrimination made unlawful under the Regulations – direct discrimination, indirect discrimination, victimisation, discrimination against someone instructed to discriminate, and harassment. It also explores the defence of objective justification, which is available to employers facing either direct or indirect age discrimination claims, and sets out the exceptions to the Regulations

Chapter 2 is concerned with the scope of the Regulations, looking at the employment situations in which they apply, the benefits they cover and the individuals who are protected. It also focuses on liability under the Regulations and discusses the mechanisms by which employers and agents are made liable for the discriminatory acts of their workers and agents. This chapter concludes by examining the circumstances in which workers and agents can themselves be personally liable for such acts

Chapter 3 deals with age discrimination by employers in the context of recruitment

Chapter 4 discusses the areas in which age discrimination might arise during the employment relationship, covering issues such as pay and benefits; promotion, transfer and training; and ‘detriment’

Chapter 5 is concerned with age discrimination on the termination of employment. It sets out the new statutory rules with regard to retirement dismissals, which include a new duty for employers to consider employees’ requests to continue working. This chapter also examines some circumstances in which non-retirement dismissals might be age discriminatory, before moving on to consider the termination-related issues of notice and redundancy pay

Chapter 6 deals with the enforcement of, and the remedies for, complaints under the Regulations. It also looks at the difficulties complainants face in proving discrimination.

Note that throughout the Supplement the term ‘discrimination’ is used to describe all four types of discrimination covered by the Regulations – direct discrimination, indirect discrimination, victimisation and harassment – unless otherwise stated.

The law is stated as at 1 October 2006.