Maxwell Hodge
Press Release
AGE DISCRIMINATION
From lst October 2006 age discrimination became unlawful. The regulations are intended to send a clear signal to employers that age discrimination like sex, race, disability, sexual orientation and religious discrimination is unacceptable.
Discrimination includes harassment related to age whether by employers or fellow employees, and victimization where, for example, the employee has raised a complaint about age discrimination or harassment and is victimized because of that complaint.
The regulations protect the young and old as ageism at work can be as big a problem for people in their late teens as those in their fifties.
What is Age Discrimination? The regulations make it unlawful on the grounds of age to :-
Discriminate directly against anyone i.e. treat them less favourably than others because of their age – unless such treatment can be objectively justified
A job advert, therefore, containing a maximum age limit would constitute direct age discrimination. An advert requiring an applicant to have five years experience would constitute indirect age discrimination on the ground that it is more likely that an applicant aged 30 could fulfil that requirement than one aged 20.
How can employers comply with age discrimination legislation ?
- review employment policies and procedures to ensure compliance with the regulations
- where age bias procedures in policies exist consider whether they should be removed, whether they can be objectively justified and/or whether they fall within one of the exceptions allowed in the regulations
- consider the organisation’s current retirement age. The regulations introduce a new default national retirement age of 65
- review recruitment procedures
- train staff
- review pay and benefits to ensure no ageist features exist which cannot be justified
If employers have not considered the above they need to do it immediately. Where necessary advice should be sought from a suitably qualified solicitor.
This article has been prepared by Maxwell Hodge Solicitors who can provide advice on this and other employment matters. Click here to contact us.
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