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Age Discrimination at the Workplace

With the new age discrimination regulationsapplies to any subsequent appeal. It is
becoming law on 1st October 2006, it would beimportant that the employer avoid making
instructive to see how these will impact astereotypical 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 willwill render the dismissal unfair. Employers
apply to employees of all ages and they willneed to take note that any recruitment should
cover both employment and vocationalalso be free of age discrimination.
training. Compulsory retirement under the ageRecruitment decisions should be based on the
of 65 becomes unlawful unless objectivelyskills required for the job. Producing a job
justified. Employees will have the right todescription that outlines the duties required
request to work beyond 65 and employers willto 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 byknowledge and experience required to carry
the regulations but state pensions are notout  that  job  is  invaluable.
affected. Employers would do well to carry
out an age audit of their employees toAll references to age or length of experience
identify potential retirements and to obtainshould 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', thefor specific qualifications they are not
employees must be informed of their intendeddisadvantaging applicants of different ages.
retirement date and also about their right toHowever, 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 12forms.
months in advance of this date. There is an
obligation on employers to give dueAdvertisements should reach a wide audience
consideration to any such request but theyand not be restricted to publications read
are entitled to refuse the request withoutlargely by a certain age group. Language that
giving a reason for the decision. It iscould imply age group preferences should be
important to take advice on any refusals soavoided. Short listings should be based on
that any potential discrimination issues canskills and ability and it would be advisable
be identified beforehand. Requests byto check the process at this point to ensure
employees to continue working must be made indiscrimination free recruitment and
writing no less than 3 months before theprocesses. 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 tobe avoided. All decisions should be
discuss his request within a reasonabledocumented  and  monitored.
period of time. The employee has a right to
be accompanied by a colleague or a tradeKnow more about employer laws and tupe law in
union representative and this right alsoUK.



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