Employment Law Advice Birmingham Law Solicitors Birmingham

The 1st October 2006 saw the introduction of the Employment Equality (Age) Regulations 2006.

The regulations give workers some specific protection against age discrimination when they are, for example, applying for a job or a promotion, concerned about their pay rates, taking advantage of workplace benefits such as holidays, redundancy or pensions, or considering their retirement options. They do not cover the provision of goods and services.

The regulations make it unlawful on the grounds of age to:

discriminate directly against a person ' that is, to treat them less favourably than others because of age ' unless objectively justified;

discriminate indirectly against a person ' that is, to apply a criterion, provision or practice which disadvantages the particular age unless it can be objectively justified;

subject a person to harassment. Harassment is unwanted conduct that violates their dignity or creates an intimidating, hostile, degrading, humiliating or offensive environment for that person having regard to all the circumstances including their perception of the issue;

victimise a person because they have made or intend to make a complaint or allegation or have given or intend to give evidence in relation to a complaint of discrimination on grounds of age;

discriminate against a person, in certain circumstances, after the working relationship has ended.

Employers could be responsible for the acts of employees who discriminate on grounds of age. This makes it important for them to train staff about the regulations.

There is a national default retirement age of 65, making compulsory retirement below 65 unlawful unless objectively justified. A person has the right to request to work beyond 65 or any other retirement age set by the company. The employer has a duty to consider such requests.