| With the new age discrimination
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| | and this right also applies to any
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| regulations becoming law on 1st October
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| | subsequent appeal. It is important that
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| 2006, it would be instructive to see how
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| | the employer avoid making stereotypical
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| these will impact a number of workplace
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| | assumptions about the capabilities of the
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| issues.
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| | employee. Failure by an employer to
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| To briefly recap, these regulations will
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| | follow the correct procedures will render
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| apply to employees of all ages and they
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| | the dismissal unfair. Employers need to
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| will cover both employment and vocational
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| | take note that any recruitment should
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| training. Compulsory retirement under the
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| | also be free of age discrimination.
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| age of 65 becomes unlawful unless
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| | Recruitment decisions should be based on
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| objectively justified. Employees will
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| | the skills required for the job.
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| have the right to request to work beyond
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| | Producing a job description that outlines
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| 65 and employers will have a duty to
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| | the duties required to be performed in a
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| consider their request. Occupational
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| | particular job and a job specification
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| pension schemes are covered by the
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| | that outlines the skills, knowledge and
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| regulations but state pensions are not
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| | experience required to carry out that job
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| affected. Employers would do well to
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| | is invaluable.
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| carry out an age audit of their employees
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| | All references to age or length of
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| to identify potential retirements and to
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| | experience should be avoided. Age or date
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| obtain an accurate profile of the current
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| | of birth should be removed from the
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| workforce.
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| | application form and employers should
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| For a retirement to be termed as 'fair',
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| | ensure that if they ask for specific
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| the employees must be informed of their
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| | qualifications they are not
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| intended retirement date and also about
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| | disadvantaging applicants of different
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| their right to request to continue
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| | ages. However, it is still acceptable for
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| working beyond this date, at least 6
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| | employers to include date of birth on
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| months before but no more than 12 months
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| | their new starter forms.
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| in advance of this date. There is an
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| | Advertisements should reach a wide
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| obligation on employers to give due
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| | audience and not be restricted to
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| consideration to any such request but
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| | publications read largely by a certain
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| they are entitled to refuse the request
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| | age group. Language that could imply age
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| without giving a reason for the decision.
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| | group preferences should be avoided.
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| It is important to take advice on any
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| | Short listings should be based on skills
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| refusals so that any potential
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| | and ability and it would be advisable to
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| discrimination issues can be identified
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| | check the process at this point to ensure
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| beforehand. Requests by employees to
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| | discrimination free recruitment and
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| continue working must be made in writing
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| | processes. Interviews should preferably
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| no less than 3 months before the intended
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| | be carried out by more than one person
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| retirement date.
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| | and any questions or comments relating to
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| The employer must meet with the employee
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| | age should be avoided. All decisions
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| to discuss his request within a
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| | should be documented and monitored.
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| reasonable period of time. The employee
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| | Know more about employer laws and tupe
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| has a right to be accompanied by a
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| | law in UK.
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| colleague or a trade union representative
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