Compensation for age discrimination in the workplace UK

Age discrimination - key facts

New legislation now to protect victims of age discrimination at work in the UK. New and very radical reforms were introduced in the UK during 2006 to provide employees with greater protection against age discrimination in the workplace.

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AGE DISCRIMINATION

Here we discuss the main changes implemented by the government:

In the UK we are facing huge changes in the way people of a certain age are to be perceived according to the law.  

There are 9.4 million people over the age of 65 at this point in time. Many will wish to carry on working even though they are officially passed retirement age.  

There will be 12.4 million by 2021 and so the numbers retirement category workers will increase.

The new laws are designed to recognise this and to protect people from discrimination because of their age.

The key points within the new legislation

Following a detailed and thorough consultation during 2005 ("Coming of Age") the Age Regulations came into force 1st October 2006.

Businesses and employers must therefore start to prepare for the changes and ensure they are ready for implementation.

The Regulations are intended to cover cover employment and vocational training. This includes access to help and guidance, recruitment, promotion, development, termination, perks and pay.

Despite appearances the regulations are designed to cover people of all ages, both old and young. Both groups can be affected dramatically by discrimination in the work environment. The changes will affect all employers, providers of vocational training, trade unions, professional associations, employer organisations and trustees.

There will be no upper age limits for unfair dismissal and redundancy will be removed.

A national default retirement age of 65 will be introduced making compulsory retirement below age 65 unlawful (unless objectively justified).

This initiative is to be reviewed in 2011.

All employees will have the right to work beyond the age of 65 or any other age set by the company / employer and employers must consider such a request reasonably

TThe new regulations also affect Occupational pensions and employer contributions to personal pensions. However, the regulations do not interfere greatly with the current pension arrangements which themselves underwent substantial legislative changes during 2006.

The regulations do not affect state pensions.    

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1. The new laws cover:

• All workers including self employed, contract workers, office holders, the police and members of trade organisations.

• People who apply for work and, in some instances, people who have left work.

• People taking part in or applying for employment related vocational training including all courses at Further Education and Higher Education institutions.

2. The new laws do not cover

• Members of the regular armed forces, full-time and part-time reservists.

• Unpaid volunteers.

3. What do the regulations cover?

• Direct and indirect discrimination, harassment and victimisation. Employers are accountable for the actions of their employees.

4. There are some exemptions to the new regulations:

• Genuine Occupational Requirement (GOR) and if there is an objective justification. these may be difficult to prove.

• 'Justification'   Related Age Discrimination

Age Discrimination News:  

100 year old refuses to take a day off work   A man has turned up for work despite being told to take the day off for his 100th birthday. Buster Martin began cleaning vans for Pimlico Plumbers despite retiring as a market worker three years ago. Colleagues at the firm in Lambeth, south London, threw him a surprise party and were treating him to a tour of Chelsea FC's Stamford Bridge ground. - Source BBC [26th September 2006]      

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