Age

The law

The Employment Equality (Age) Regulations 2006 came into force on 1 October 2006. This is the first piece of UK legislation which aims to stop discrimination on the basis of age. It will work in much the same way as existing legislation around race, gender, sexual orientation, disability and religion and belief.

The regulations apply to employment and vocational training. They prohibit unjustified direct and indirect age discrimination, and all harassment and victimisation on the grounds of age or the age someone appears to be. This protects people of all ages, young and old.

The regulations cover areas such as recruitment, terms and conditions, promotions, transfers, dismissals and training. They do not cover the provision of goods and services.

What this means for employers

The regulations make it unlawful on the grounds of age to:

• discriminate directly against anyone – that is, to treat them less favourably than others because of their age – unless objectively justified
• discriminate indirectly against anyone – that is, to apply a criterion, provision or practice which disadvantages people of a particular age unless it can be objectively justified
• subject someone to harassment. Harassment is unwanted conduct that violates a person’s dignity or creates an intimidating, hostile, degrading, humiliating or offensive environment for them
• victimise someone because they have made or intend to make a complaint or allegation or have given or intend to give evidence in relation to a complaint of discrimination on grounds of age
• discriminate against someone, in certain circumstances, after the working relationship has ended

Employers may therefore need to update their equalities policies to take age into account. They may also need to train their staff, update their job application forms and reconsider how they advertise for certain posts. The legislation applies to all employers, not just large or statutory organisations.

What this means for individuals

The new regulations mean that you should be judged on the basis of your skills, competence, attitude and abilities, and not your age or any other factor which you cannot change.

If you carry out training or recruitment as part of your job, your employer should give you enough information about the new regulations to enable you to work within the law. You should ask if you are unsure.

What Herefordshire Council is doing to comply with the new regulations

The Herefordshire Council has already:

• introduced a policy so that employees can request to work beyond the Council’s normal retirement age of 65, if they wish
• made changes to its job application form
• briefed managers of the Council about their responsibilities
• agreed a communication plan to ensure employees know how the legislation may impact them
• checked its HR policies to ensure they do not directly, or indirectly discriminate

Who to contact

• If you feel that you have been treated unfairly because of your age in an employment or training situation, you should contact the employer or training provider directly. They may have procedures by which complaints or grievances can be addressed. Other sources of information or advice include the Citizens Advice Bureau and ACAS (http://www.acas.org.uk/).
• If you have an age-related issue about working for, or services provided by, Herefordshire Council, you can report it to the Corporate Diversity Team on 01432 260216 or e-mail diversity@herefordshire.gov.uk