Age Discrimination – The Next Big Thing - Expert Comments

David Reid
1st Feb 2006

Discrimination will undoubtedly be the big employment law issue of 2006. The proposed laws currently going through Parliament will affect every employer in the land.

 

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.

 

Remaining draft sections are:

 

  • Termination of Employment
  • The ‘Right to Request’ Procedure
  • Automatically Unfair Dismissal
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