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