Age discriminationTuesday Apr 17
Update on the age discrimination.
Never far from the headlines, the new Employment Equality (Age) Regulations 2006 (the Age Regulations) came into force on 1 October 2006. Making it unlawful to discriminate on the grounds of age, the legislation prohibits direct and indirect discrimination, harassment and victimisation, and also introduces a national default retirement age of 65.
One area which has attracted much attention is the recruitment process. This should now focus entirely on skills, ability and potential. For example, age limits and age-related phrases should be avoided. Requiring someone to be ‘young’, ‘energetic’, ‘mature’ or have ‘gravitas’ is not advisable. Adverts should therefore be drafted with care and thought also given to their placement, to ensure they can be seen by people of all ages. Application forms should be revisited and questions regarding age moved to a diversity monitoring form. Consideration should be given to the information required in the process, whether on a form or CV, and whether it can be objectively justified.
The new legislation also impacts heavily on other areas of employment, ranging from contractual issues, policies, appraisals and promotion to termination, retirement and the duty to consider an employee’s request to work beyond 65. Note also that draft regulations are due to come into force on 1 December, to amend the pension provisions of the Age Regulations. The sheer scope of the new legislation is daunting but it is important for the recruitment sector to get to grip with the new requirements to avoid the pitfalls and potential exposure to discrimination claims.
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