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Age Discrimination Regulations
Implementation Date – 1st October 2006
The regulations cover recruitment, terms and conditions, promotions, transfers, dismissals and training. They do not cover the provision of goods and services.
The draft regulations include the following provisions:
- To prohibit unjustified age discrimination in employment and vocational training.
- To require employers who set their retirement age below the default age of 65 (to be reviewed in five years) to justify or change it. i.e. default retirement age will be 65 and all retirement ages under 65 will be illegal unless objectively justified, although no change to current State Pension age (60F, 65M)
- To require employers to consider an employee's request to continue working beyond retirement (and not unreasonably refuse the request.
- To require employers to inform employees in writing, at least six months in advance, of their intended retirement date. This will allow people to plan for their retirement.
- To remove the upper age limit (currently 65) for unfair dismissal and redundancy rights, giving older workers the same rights to claim unfair dismissal or receive a redundancy payment as younger workers, unless there is a genuine retirement.
- To include provisions relating to service related benefits and occupational pensions.
- The regulations also remove the age limits for Statutory Sick Pay, Statutory Maternity Pay, Statutory Adoption Pay and Statutory Paternity Pay.
- To make direct and indirect age discrimination illegal in terms of recruitment (including advertising), promotion and training unless objectively justified
