1	Employment Equality (Age) Regulations 2006 OVERVIEW OF THE AGE DISCRIMINATION REGULATIONS From 1^st October 2006
2	Intro There are currently 20 million people aged 50 and over in the UK, by 2030 this figure is expected to increase by 37%. The Employment Equality (Age) regulations 2006 will come into force on 1^st October 2006 As a result of these regulations age discrimination in employment and vocational training will become unlawful.
3	The Employment Equality (Age) Regulations 2006 Unlawful for employers to discriminate against a person: in arrangements for offering employment in terms on which employment offered in opportunities for promotion, training or other benefits by dismissing him/her or subjecting him/her to any other detriment
4	What areas are impacted? Bullying & Harassment Recruitment, Selection and Promotion Training Pay, Benefits and other conditions Redundancy Pensions Retirement
5	Who does it cover? job applicants employees apprentices anyone contracted personally to do work former employees
6	What do the regulations mean? Direct Discrimination Indirect Harassment Victimisation
7	Lawful Discrimination Objective justification Exceptions and Exemptions Genuine Occupational Requirement
8	Exceptions To comply with statutory provision Safeguarding national security Retirement at or over 65 (see later) Pay related to national minimum wage Enhanced redundancy payments Life assurance cover and retired workers
9	Positive action Will be permissible: to give access to training (for particular work) to particular age group; or encourage particular age groups to take up opportunities for particular work; if it reasonably appears that such action will prevent or compensate for disadvantages suffered by a particular age group
10	Enforcement Questionnaire Employment Tribunal claims Discrimination / Harassment / Victimisation / Unfair Dismissal Time limit - 3 months Statutory Dispute Resolution procedures apply (except for “retirement” dismissals)
11	Penalties Unlimited compensation Declaration Recommendation
12	Recruitment, Selection and Promotion Applications forms updated Job descriptions reviewed & challenged Advertising Interviewing Training Promotion Opportunities Base your decisions about recruitment on the skills required to do the job!
13	What can you do? Avoid giving age limits or ranges. Avoid using phrases that relate to age such as “young graduate” or “mature persons”. Advertise to a wide an audience as possible. Check that selection criteria are not based on age but upon skills and merit. In interviews only ask job-related questions. Ask for relevant skills and experience rather than specific qualifications such as GCSE’s which may not have around when some people were at school. Keep record of interviews. Recruit on ability rather than age.
14	Pay, Benefits and other conditions Where benefits based on more than 5 years service then it must reasonably appear to employer that providing benefits based on length of service fulfils business need. Examples: encouraging loyalty or motivation; or rewarding experience
15	Redundancy 2 year service requirement will remain Upper and lower qualifying limits will be removed Age related multiplier will be retained
16	Pensions Numerous exceptions will allow occupational pension schemes to operate largely as before Unlawful for trustees or managers of a pension scheme to discriminate against or harass any member or prospective member in carrying out their functions (including the admission and treatment of members)
17	Retirement There will be a national default retirement age of 65, making compulsory retirement below 65 unlawful unless objectively justified. NDRA to be reviewed in 2011 Employees will have the right to request to work beyond 65 or other retirement age set by the company. The employer has the duty to consider such requests. Normal retirement age can be 65 or above
18	“Duty to inform” Employer must inform employee of: Intended Date of Retirement (“IDR”) right of employee to request to work beyond IDR between 6 and 12 months before IDR (although duty continues up to 14 days before termination) Penalties: up to 8 weeks’ pay (cap applies) automatic unfair dismissal where notification not made at least 14 days before IDR
19	Employee’s request to work beyond IDR No length service requirement Only one request per IDR More than 3 months but less than 6 months before IDR (unless employer failed to give notice of IDR at least six months in advance) Must be in writing and state it is such a request Must state if seeking to continue working indefinitely, until a specific date or for a specified period
20	“Duty to consider” process Meeting Always aim to agree a new IRD Decision in writing Notice of appeal Appeal meeting Appeal decision in writing Right to be accompanied
21	Decision As soon as reasonably practicable after meeting In writing and dated State if accepted or rejected (and extent to which accepted) If not accepted in full then inform of right of appeal Date on which employment will end (if any) Extension of employment
22	Transitional provisions – duty to consider Transitional arrangements apply to retirements from 1^st October 2006 to 31^st March 2007. Notice before 1^st October 2006 Notice after 1^st October 2006 HR Representative will be in contact.