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W37 - Age Discrimination – Don’t get caught out.


Age Discrimination regulations have come into force from the 1st October 2006 making it unlawful for employers to discriminate against an individual on an age-related basis. Age Discrimination legislation is likely to affect employers in a number of ways.

Key areas impacted will include the following:

  • A national default retirement age of 65 will be introduced to most occupations making compulsory retirement below the age of 65 unlawful (unless objectively justified)
  • All employees will have the ‘right to request’ to work beyond the default retirement age of 65 or any other retirement age set by the company and all employers will have a ‘duty to consider’ requests from employees to work beyond 65
  • Upper age limits for unfair dismissal and redundancy will be removed
  • Regulations will cover employment and vocational training
  • All employers, providers of vocational training, trade unions, professional associations, employer organizations and trustees, and managers of occupational pension schemes will have new obligations to consider
  • Goods, facilities and services are not currently included in these regulations
  • The regulations will not affect State pensions
  • The regulations will cover direct and indirect discrimination, harassment and victimization.

Tip: The age discrimination laws bring with them one startling new change to legislation; The minimum age limit for which a woman can be paid Statutory Maternity Pay (SMP) is now abolished, meaning women under 16 are entitled to receive SMP payments.

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This web-site was last updated on 17/01/2012

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Copyright © 2003-2011 Mac Kotecha & Company. All rights Reserved. The information on this site is for general guidance only. It is essential to take professional advice on specific issues about their impact on any individual or entity. No liability can be accepted for any errors or omission or for any person acting or refraining from acting on the information provided on this site.

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