Age Equality
What the law says.On 1 October 2006 the Employment Equality (Age) Regulations made it unlawful to discriminate against workers, employees, job seekers and trainees because of their age.
These regulations apply to all employers, private and public sector vocational training providers, trade unions, professional organisations, employers' organisations and trustees and managers of occupational pension schemes.
The regulations make it unlawful in relation to employment to:
discriminate directly against anyone - that is, to treat them less favourably than others because of their age - unless the treatment can be objectively justified
discriminate indirectly against anyone - that is to apply a criterion, provision or practice which disadvantages people of a particular age, unless it can be objectively justified
subject someone to harassment because of their age
victimise someone because they have made or intend to give evidence in relation to a complaint of discrimination on the grounds of age discriminate against someone, in certain circumstances, after the working relationship has ended.
Upper age limits on unfair dismissal and redundancy have been removed. There is a national default retirement age of 65, making compulsory retirement below 65 unlawful unless objectively justified.
Employees have the right to request to work beyond 65 or any other retirement age set by the employer. The employer has a duty to consider such requests.
Changes coming into force around age equality
Abolition of retirement age in employment
From April 2011 the default retirement age is to be abolished. The current system in which employees reaching retirement age must make an application to their employees each year to extend their employment will be replaced with a new mechanism to enable people to go on working beyond a set retirement age, providing that they can continue to carry out their job duties and responsibilities.
Age equality in service delivery and public functions
The government has announced that it intends to introduce legislation outlawing age discrimination in service delivery and public functions from April 2012. It is anticipated that a number of areas, such as health and social care services for older people, and the consideration of age and risk in insurance will be excluded from the legislation providing that these can be justified. The law will not affect services targeted at children and young people under 18.
For more information please visit the Government Equalities website (opens in a new window).