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