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Embracing Diversity Employer’s Forum

6 July 2005

Current Legal Position

• At present, it is not unlawful to discriminate on the grounds of age

• There is a voluntary Code of Practice

– Introduced in 1999– Aims to encourages good

practice before the legislation comes into force

Future Legal Position

• Equal Treatment Framework Directive to be implemented into UK Law

• Consultation Document and Draft Legislation to be produced

• Legislation to be implemented by October 2006

Discrimination Survey

• Survey of 200 job adverts

– No discrimination 51%– Other discrimination 11%– Age (non experience) 9%– Age (experience) 30%

Note of Caution!

• Employers should not wait until next year before considering the impact of the new legislation

• The time to act is now!

What Will the Law Cover?

• Direct Discrimination

– Where a decision is made in respect of an individual, on the basis of actual or perceived age

– Defence if justified according to Specified Aims

The Specified Aims

• Health, welfare and safety

• Facilitation of employment planning

• Particular training requirements for the post

• Encouraging or rewarding loyalty

The Specified Aims

• Need for a reasonable period of employment before retirement

AND

• Age-based approach must be appropriate and necessary in the particular circumstances

What will the Law Cover?

• Indirect Discrimination

– Where a blanket ban or a policy disadvantages a certain category of person because of their age

– Can justify if have good objective reasons for the policy

Other Proposals

• Harassment

• Victimisation

• Genuine occupational requirements

– e.g. Acting/Modelling

• Retirement

– Mandatory retirement age likely to be 65

• Pensions

Age Discrimination – The Key Proposals

• Unfair dismissal

– Reference to age in Employment Tribunal calculations will disappear

• Redundancy

– New formula for redundancy to ignore age and to include service under the age of 18

What Should Employers be Doing?

• Review policies and procedures

• Train staff

• Review recruitment practices

• Consult on the need for changes to retirement age, if necessary

• Review all selection criteria and age based decisions in readiness for 2006