Topic > Employment Laws - 1006

Employment LawsEqual Employment (Age) Regulations 2006 - (Age Discrimination)These Regulations came into force on 1 October 2006. The Regulations apply to all employment relationships and professional training (employees, potential employees and interns). It is illegal to discriminate, harass or victimize candidates, employees or interns based on age (young or old). Direct discrimination occurs when the employer treats a candidate/employee/trainee less favorably than it treats or would treat other people unless it can objectively justify such treatment. It includes discrimination based on apparent age, regardless of whether this is actually the correct age. Indirect discrimination occurs when the employer applies a provision, criterion or practice which places people of a particular age group at a particular disadvantage and consequently suffer a disadvantage. Discrimination through victimization occurs if the employer workplace treats an applicant/employee/trainee less favorably because of something they have done under or in connection with the Regulations (for example supporting a colleague who has made a complaint about age discrimination). If an employer job instructs an employee to discriminate against another employee and those instructions are not carried out and that employee is then subjected to less favorable treatment, this will still constitute age discrimination. Harassment occurs if the employee's conduct has the purpose or effect of violating the dignity of the candidate/employee/trainee or creating an offensive environment for him. Retirement becomes a potentially fair reason for dismissal under S.98 Employment Rights Act 1996. Schedule 6 paragraph 2 of the Regulations sets out a procedure to be followed before retirement (at least six months before dismissal, but not more than 1 year before dismissal). The employer must notify the employee of the date on which he intends the employee to retire and inform him that he has the right to request work beyond retirement age. The normal grievance and disciplinary procedures required by law do not apply in relation to a dismissal for just cause. of the pension. If a dismissal is deemed unfair, an employment tribunal may award up to 4 weeks' pay to the employee. It is not illegal for an employer to discriminate against a job applicant if at the time of application the applicant is over the employer's normal retirement age (or over 65 if the employer does not have a retirement age normal).