New regulations against age discrimination

New regulations have been introduced because there's a need for age-related employment equality in the same way as we already have equality for sex, race, disability, sexual orientation and religion or belief.

Society is changing and the working population as a whole is getting older. The number of people aged under 50 is set to fall by two per cent by 2016, while the number aged between 50 and 69 is set to increase by 17 per cent. Better health standards mean that some people are choosing to work longer.

The new laws will help ensure that people are no longer denied jobs or harassed because of their age, and in most cases, workers of all ages will have an equal chance of training and promotion.

What do the new regulations mean?

The new laws will give individuals important new rights, extend existing rights and remove traditional barriers.

They apply to all employers, private and public sector, vocational training providers, trade unions, professional organisations, employer organisations and trustees and managers of occupational pension schemes.  They cover employees of any age, and other workers, office holders, partners of firms and others.  They cover recruitment, terms and conditions, promotions, transfers, dismissals and training.

They do not cover provision of goods and services.

When the regulations come into force, they will make the following changes to the law.

Stop unjustified age discrimination in employment and work-related training

Employers will have to make sure that any redundancy policies don't directly discriminate against older workers. They should also not discriminate indirectly for example, by selecting only part-time workers for redundancy, when a large number of these may be older workers. The only exceptions will be where an age requirement can be objectively justified.

End the right of employers to force people to retire below the age of 65, unless it can be justified

Your employer will only be able to retire you below 65 where they can show that it is appropriate and necessary to do so.

Remove the upper age limit for unfair dismissal and redundancy rights

At the moment you generally have no unfair dismissal rights after you have reached your employer's normal retirement age for your job or, if there isn't one, the age of 65.

Currently, your employer doesn't have to pay you the statutory minimum redundancy payment if you are under 18 or over 65 (or after your normal retirement age if this is lower). This means that unless a redundancy payment is included in your employment contract, you won't receive any redundancy pay.

The regulations  remove the upper and lower age limits for the entitlement of statutory redundancy pay.  The upper age limit on unfair dismissal claims will also be removed.

Working beyond retirement

Employees will have a statutory right to request working beyond compulsory retirement, which your employer will have to consider seriously.

Employers must inform employees in writing, at least six months in advance, of their intended retirement date

This will enable older employees to plan better for their retirement.

What to do next

If you're an employee, it's best to talk to your boss first to try to sort out the matter informally. You have the right to bring an employee representative to any meeting.

If you feel you're at a disadvantage because of age-related criteria for recruitment or promotion policies, you can bring a claim for age discrimination to an Employment Tribunal.

If you think you've been discriminated against or harassed because of your age, you'll also be able to bring a claim to an Employment Tribunal.