Age DiscriminationAge DiscriminationRegulationsRegulations

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

What is the legal definition?What is the legal definition?

Direct Age Discrimination Direct Age Discrimination

This occurs when, on the grounds of This occurs when, on the grounds of age, A treats B less favourably than age, A treats B less favourably than he or she treats or would treat other he or she treats or would treat other persons.persons.

The legal definitionThe legal definitioncont.cont.

Indirect Age DiscriminationIndirect Age Discrimination

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

Default National Retirement Age Default National Retirement Age (NRA)(NRA)

The government has decided that The government has decided that the default NRA will be 65the default NRA will be 65

Unless employers can objectively Unless employers can objectively justify retiring someone below the justify retiring someone below the NRA then retirement will be NRA then retirement will be automatically unlawfulautomatically unlawful

Harassment & VictimisationHarassment & Victimisation

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

Victimisation & Harassment Victimisation & Harassment examplesexamples

Victimisation:Victimisation: An employee claims discrimination against An employee claims discrimination against

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

More examplesMore examplesHarassmentHarassment

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

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

How will the legislation affect our How will the legislation affect our members?members?

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

Cont….Cont….

SenioritySeniority

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

Cont…Cont…Application formsApplication forms

Advertising Advertising (use of age-referent words)(use of age-referent words)

Experience requirementsExperience requirements

Service-related benefitsService-related benefits

The right to request to work beyond the NRAThe right to request to work beyond the NRA

Performance AppraisalsPerformance Appraisals

Bad job Adverts!Bad job Adverts!

ExemptionsExemptionsNational Minimum Working WageNational Minimum Working Wage

Acts that are covered by statutory authorityActs that are covered by statutory authority

Enhanced redundancy paymentsEnhanced redundancy payments

Life AssuranceLife Assurance

RetirementRetirement

Occupational pension schemesOccupational pension schemes

GOR (Genuine Occupational Requirements)GOR (Genuine Occupational Requirements)

RetirementRetirementWorkers must now be formally Workers must now be formally advised of their retirement date at advised of their retirement date at least 6 months from the date of their least 6 months from the date of their retirement (up to a year in advance)retirement (up to a year in advance)

They must also be formally informed They must also be formally informed that they have the right to apply to that they have the right to apply to work beyond retirementwork beyond retirement

Dismissal Dismissal If a dismissal takes place that is directly or If a dismissal takes place that is directly or indirectly discriminatory on the grounds of indirectly discriminatory on the grounds of age this will be regarded as a prima facie age this will be regarded as a prima facie unlawful case from the 1unlawful case from the 1stst October 2006. October 2006.

A major exemption to this will be A major exemption to this will be dismissals by reason of retirement at or dismissals by reason of retirement at or after the default NRA will not be regarded after the default NRA will not be regarded as unlawful.as unlawful.

Miscellaneous bits of interestMiscellaneous bits of interestBurden of ProofBurden of Proof

Similar to the other strands the burden of Similar to the other strands the burden of proof will shift to the employer once the proof will shift to the employer once the complainant has established a prima facie complainant has established a prima facie case.case.

Objective JustificationObjective Justification What is an objective justification?What is an objective justification?

Who will be responsible for overseeing Who will be responsible for overseeing Age-related issues at a strategic level?Age-related issues at a strategic level?

What does the future hold?What does the future hold?Lots & lots of ET claimsLots & lots of ET claims

Amendments to the act and legal challenges Amendments to the act and legal challenges (AGE CONCERN)(AGE CONCERN)

Possible changes to the NRAPossible changes to the NRA

Public duty enforcing code of practicePublic duty enforcing code of practice

Government green paper to extend the act to Government green paper to extend the act to cover goods and servicescover goods and services

This was a presentation prepared by This was a presentation prepared by the Equal Opportunities Departmentthe Equal Opportunities Department

For further info please contact your For further info please contact your local branch!local branch!