October 1: Age discrimination laws come into force
The Employment Equality (Age) Regulations 2006, which prohibit unjustified direct or indirect age discrimination, and harassment or victimisation on the grounds of age, come into force on 1 October 2006.
The Regulations also introduce a statutory default retirement age of 65 for all employers. Employers are able to set a normal retirement age that is above 65, but must be able to objectively justify any normal retirement below 65. The Regulations also provide for a prescribed 'duty to consider' procedure to be followed where an employer wishes to terminate an employee's employment by reason of retirement.
In addition, the new laws remove the lower age limit for entitlement to a statutory redundancy payment, as well as the upper age limit and the tapering down provisions where the employee's age exceeds 64. However, the variable multiplier for calculating statutory redundancy payments, based on age bands, is retained. The minimum of two years' continuous service for an employee to qualify for a statutory redundancy payment and the cap of 20 years' service that can be taken into account also remain.
The government has announced that the implementation of the pension provisions in Schedule 6 of the Regulations is to be delayed until 1 December 2006.
Model policies and documents: retirement HR & Compliance Centre's policies and documents service provides a model retirement policy and accompanying letters that comply with the Regulations.
Line manager briefing: age discrimination HR & Compliance Centre's line manager briefing provides a overview of age discrimination legislation, focusing on areas that are likely to be of direct relevance to line managers.
Statutory rates: statutory redundancy payments ready reckoner (redundancy occurring on or after 1 October 2006) HR & Compliance Centre's statutory rates section provides a ready reckoner taking into account changes to the calculation of statutory redundancy payments.
Retirement dismissal worked examples HR & Compliance Centre has worked examples on retirement dismissals.
Quick reference: 'duty to consider' procedure; options for employees choosing not to retire; transitional provisions HR & Compliance Centre's quick reference section provides a summary of the new retirement procedures.
Guidance notes: introduction; recruitment; pay and benefits; and dismissal and retirement Lewis Silkin examines the new laws in detail, in a series of four guidance notes on age discrimination in IRS Employment Review.
Guidance notes: key general principles; discrimination in employment; and retirement and dismissal In a series of three guidance articles on age discrimination in Equal Opportunities Review, Michael Rubenstein provides detailed guidance on the new laws.
Employment Equality (Age) Regulations 2006 Read the Regulations in full on HR & Compliance Centre's legislation service.
Also
Legislation in force from 1 October 2006 IRS Employment Review reports on the raft of new legislation coming into effect on 1 October 2006.
Age laws prompt change at two-thirds of UK workplaces More than two-thirds of employers surveyed by IRS plan to make at least some changes to comply with the new age discrimination laws, while one in four anticipates major change.
Pension provisions in age legislation delayed HR & Compliance Centre reports on the government's announcement that implementation of the pension provisions in the age discrimination legislation is to be delayed until 1 December 2006.
