Age Discrimination Update
The new age discrimination legislation, which is due to come into force on October 1, 2006, is widely expected to be among the most far-reaching in recent years.
Details of the new regulations, therefore, were due to be laid before Parliament during the first quarter of 2006, setting out not only exactly what the law will be changed to, but incorporating transition regulations in order to smooth, as far as possible, the change later this year.
In the meantime, however, what we know of the drafts so far suggest the regulations will focus upon prohibiting all forms of unjustified age discrimination in employment and vocational training.
One of the most obvious changes will be the effective end of automatic retirement ages below 65. Any employers who have a retirement age of less than 65 will be required either to justify that age, or to change it.
A new duty will also be introduced on employers to consider any request by employees to continue working beyond the age of 65.
And the regulations are also expected to remove the upper age limit for unfair dismissal and redundancy rights, which is currently also set at 65.
This will then give older workers the same rights to claim unfair dismissal or to receive a redundancy payment as younger workers, unless there is a genuine retirement.
It is also anticipated that the regulations, which come into force in October, will include provisions relating to service-related benefits and occupational pensions, as well as remove the age limits for statutory pay for sickness, maternity, paternity and adoption.
The time to begin adjusting to these forthcoming changes is now. Call ELAS now on 0161 785 2000 as we offer many areas in
employment law advice.
