Legal Views

Sue Ashtiany - Partner, Head of Employment

Age Discrimination

European Directive 2000/78/EC

Lays down “general framework” for combating

discrimination on grounds of……..age

Implementation by 2006

Age Discrimination

UK Consultation Paper – July 2003

•Direct discrimination (adverse treatment) outlawed

•Indirect discrimination (adverse impact)outlawed

•Some exceptions, e.g for succession planning

Age Discrimination

• Retirement Ages will have to be justified

• Age limits on unfair dismissal removed

• Redundancy payment not to be age based

• Recruitment, selection, promotion not to be aged based

unless objectively justified

Discrimination in the workplace

Sue Ashtiany – Partner, Head of Employment

Legal concepts of discrimination

Direct

Indirect

Harassment

Victimisation

Equal Pay

• Like work

• Work of equal value

• Job evaluation scheme

Discrimination in the workplace

• Equal Pay Questionnaire

• Detriment in the workplace

• No limit on compensation

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