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UK LEGISLATION:
The Employment Equality (Age) Regulations 2006 makes it unlawful to take decisions on employment which are based on a persons chronological age rather than their competence.
Workers are legally protected from, discrimination, being treated less favourably and harassment at work on the grounds of their age, in employment, and throughout the entire employment relationship. It applies to recruitment, selection, terms and conditions, pay, promotions, transfers, training, redundancy, retirement and dismissal.
Public Sector Bodies now have a specific duty to promote age equality. This will have a knock on effect in the Private Sector.
The Act protects employees including contract workers, the self employed, against direct age barriers (for example, recruitment limited to 30-40 year olds) and indirect barriers, that may have an impact on some age groups (for example, recruitment limited to those with a qualification which has only existed for last five years.
Since there is no lower age limit (e.g.40) and the legislation is relevant to work and training it is therefore applicable to all people from age 16. There is no upper age limit - but exemptions do apply under retirement and employment rights.
Compared to other discrimination laws, the Age Regulations includes a wider range of possible exemptions where actions and decisions based on a person's age may be allowed. If challenged, the exemptions have to be objectively justified as meeting legitimate aims.
The burden of proof lies on the employer. This means that rather than the employee proving there has been discrimination, the employer has to demonstrate that they have not violated the law.
USEFUL LINKS:
Read through the Equalities and Human Rights Commission (EHRC) section for Age Discrimination information in education, employment, how to use your rights, what the law says and more.
ACAS Guidance
www.acas.gov.uk
Department for Trade & Industry
www.dti.gov.uk
The Age Employment Network (TAEN)
www.taen.org.uk
TAEN Guides to the Age Regulations
www.agebusters.org.uk
The content of this website is designed to provide general information only. Whilst every effort has been made to ensure that the information provided is accurate, it does not constitute legal or professional advice. |
