The legislation will challenge the idea that someone is either too old or too young to do a certain job. It will often force employers to justify retiring employees at a certain age. The way we think about age in the workplace will change
The Regulations will apply to all stages of the employment relationship, but will be particularly important at recruitment and termination of employment. Employees will also be given the statutory right to request to continue working beyond retirement age.
Recruitment/Selection
The draft Regulations provide that it will be unlawful for an employer to discriminate against an individual on the grounds of age in the arrangements that they make for the purpose of determining to whom employment should be offered, the terms of employment offered or by refusing to offer, or deliberately not offering, employment to someone.
Termination of Employment
The ‘Right to Request’ Procedure
Automatically Unfair Dismissal
- Examine your recruitment process to ensure that it is not age discriminatory in any way. For example, you may wish to stop asking for dates of birth on your application forms.
- When creating recruitment adverts, avoid ageist language. For example, you should not print an advert seeking a "mature" candidate.
- Have a standard procedure for handling retirements. Take specialist legal advice on its content to ensure it is fully compliant. Remember that the process needs to be commenced at least six months in advance of the retirement date.
