Age Discrimination Regulations An introduction to the new age regulations by the CWU Equal Opportunities Dept.

What is the legal definition? Direct Age Discrimination This occurs when, on the grounds of age, A treats B less favourably than he or she treats or would treat other persons. This occurs when, on the grounds of age, A treats B less favourably than he or she treats or would treat other persons.

The legal definition cont. Indirect Age Discrimination This is where A applies to B a PCP (provision, criterion or practice) which they applies to persons not of the same age group as B, but (i) which puts or would put of the same age group as B at a particular disadvantage.

Default National Retirement Age (NRA) The government has decided that the default NRA will be 65 Unless employers can objectively justify retiring someone below the NRA then retirement will be automatically unlawful

Harassment & Victimisation The Age Discrimination Act will also include rights for workers that will protect them from harassment and victimisation on the grounds of age The Age Discrimination Act will also include rights for workers that will protect them from harassment and victimisation on the grounds of age

Victimisation & Harassment examples Victimisation: An employee claims discrimination against their employer on the grounds of age. A work colleague gives evidence at an ET. When the work colleague applies for promotion her application is rejected even though is able to show she has all the necessary skills and experience. Her manager maintains she is a troublemaker because she has given evidence at ET and should not be promoted – this is victimisation. An employee claims discrimination against their employer on the grounds of age. A work colleague gives evidence at an ET. When the work colleague applies for promotion her application is rejected even though is able to show she has all the necessary skills and experience. Her manager maintains she is a troublemaker because she has given evidence at ET and should not be promoted – this is victimisation.

More examples Harassment A young employee is continually told he is wet behind the ears and straight out of the pram which he finds humiliating and distressing. This is harassment.

Harassment cont. In a different case an employee has a father working in the same workplace. People in the workplace often tell jokes about old foggies and tease the employee about teaching old dogs new tricks. This may be harassment on the grounds of age, even though it is not the victims own age that is the subject of the teasing.

How will the legislation affect our members? We have already seen some unscrupulous employers attempt to dismiss a number of workers who were approaching retirement in an attempt to avoid giving workers additional rights to continue working up to the age of at least 65.

Cont…. Seniority is it lawful or unlawful for people to be chosen for a post based on Seniority? is it lawful or unlawful for people to be chosen for a post based on Seniority?

Cont… Application forms Advertising (use of age-referent words) Experience requirements Service-related benefits The right to request to work beyond the NRA Performance Appraisals

Bad job Adverts!

Exemptions National Minimum Working Wage Acts that are covered by statutory authority Enhanced redundancy payments Life Assurance Retirement Occupational pension schemes GOR (Genuine Occupational Requirements)

Retirement Workers must now be formally advised of their retirement date at least 6 months from the date of their retirement (up to a year in advance) They must also be formally informed that they have the right to apply to work beyond retirement

Dismissal If a dismissal takes place that is directly or indirectly discriminatory on the grounds of age this will be regarded as a prima facie unlawful case from the 1 st October A major exemption to this will be dismissals by reason of retirement at or after the default NRA will not be regarded as unlawful.

Miscellaneous bits of interest Burden of Proof Similar to the other strands the burden of proof will shift to the employer once the complainant has established a prima facie case. Similar to the other strands the burden of proof will shift to the employer once the complainant has established a prima facie case. Objective Justification What is an objective justification? What is an objective justification? Who will be responsible for overseeing Age-related issues at a strategic level?

What does the future hold? Lots & lots of ET claims Amendments to the act and legal challenges (AGE CONCERN) Possible changes to the NRA Public duty enforcing code of practice Government green paper to extend the act to cover goods and services

This was a presentation prepared by the Equal Opportunities Department For further info please contact your local branch!