Age Discrimination Is Consigned to Dust Bin

The Journal (Newcastle, England), April 20, 2006 | Go to article overview

Age Discrimination Is Consigned to Dust Bin


Byline: By Tony McPhillips

Employers should be taking action now over new discrimination rules coming into force in October, explains Tony McPhillips, head of employment group at specialist commercial law firm Robert Muckle LLP.

Employers will have new responsibilities later this year when fresh regulations will sweep away the final obstacle to equality and diversity in the workplace.

We have outlawed discrimination in the workplace on the grounds of sex, race, sexual orientation, religion, and disability. From October 2006, The Regulations, (the Employment Equality (Age) Regulations to give them their full title), will also ban discrimination on the grounds of age.

In short, the new Regulations place additional responsibilities on employers who will need to review their benefits based on age or length of service and their retirement policies. The Regulations also introduce procedures to request working after retirement age. All employers should audit their existing recruitment practices and ensure job adverts are balanced and fair and do not target particular age groups.

The new rules introduce a default retirement age of 65, with lower ages only allowed where they can be objectively justified. However, contrary to common misapprehension, employers will still be entitled to rely on retirement as a fair reason for dismissing an employee, provided the specific requirements of the Regulations are satisfied. This procedure is simple.

Employers must notify employees approaching retirement in writing of their "right to request" to continue working beyond their retirement age between six and 12 months before the proposed retirement date at the same time as informing them of the intended retirement date.

The Regulations contain complex transitional provisions which apply in situations where the dismissal takes effect before April 1, 2007.

If the employee wishes to work beyond retirement age, the employer must either agree to the request, or meet with the employee to discuss the request. A decision must be given in writing within a reasonable period (although there is no obligation to give reasons for rejecting a request) together with a right to appeal.

Failing to follow the procedure will entitle an employee to up to eight weeks' pay and potentially render the dismissal automatically unfair. The key to avoiding claims is to introduce and maintain an effective diary system identifying retirement and notification dates. …

The rest of this article is only available to active members of Questia

Already a member? Log in now.

Notes for this article

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items

Items saved from this article

This article has been saved
Highlights (0)
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

Citations (0)
Some of your citations are legacy items.

Any citation created before July 30, 2012 will labeled as a “Cited page.” New citations will be saved as cited passages, pages or articles.

We also added the ability to view new citations from your projects or the book or article where you created them.

Notes (0)
Bookmarks (0)

You have no saved items from this article

Project items include:
  • Saved book/article
  • Highlights
  • Quotes/citations
  • Notes
  • Bookmarks
Notes
Cite this article

Cited article

Style
Citations are available only to our active members.
Buy instant access to cite pages or passages in MLA, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited article

Age Discrimination Is Consigned to Dust Bin
Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this article

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Help
Full screen

matching results for page

    Questia reader help

    How to highlight and cite specific passages

    1. Click or tap the first word you want to select.
    2. Click or tap the last word you want to select, and you’ll see everything in between get selected.
    3. You’ll then get a menu of options like creating a highlight or a citation from that passage of text.

    OK, got it!

    Cited passage

    Style
    Citations are available only to our active members.
    Buy instant access to cite pages or passages in MLA, APA and Chicago citation styles.

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

    1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

    Cited passage

    Thanks for trying Questia!

    Please continue trying out our research tools, but please note, full functionality is available only to our active members.

    Your work will be lost once you leave this Web page.

    Buy instant access to save your work.

    Already a member? Log in now.

    Author Advanced search

    Oops!

    An unknown error has occurred. Please click the button below to reload the page. If the problem persists, please try again in a little while.