Age - Relevant Legislation

The Employment Equality (Age) Regulations 2006

The Employment Equality (Age) Regulations 2006 prohibits direct and indirect discrimination, harassment and victimisation on grounds of age, of people of any age in employment, vocational training and in further and higher education.

The Regulations cover schools as employers but not in the provision of education.

Vocational training under the Regulations includes training intended to prepare individuals for work and it can also include work experience provided by employers.

 

Examples:

  • It would be unlawful for an employer to impose a lower age limit when recruiting, unless this age restriction can be objectively justified or is imposed by law.
  • It would be unlawful for a training provider to impose an age limit on trainees unless this could be objectively justified – for example if it were linked to state funding or imposed by statute as in Modern Apprenticeships.
  • It would not be possible for an employer to refuse to offer training to its employees below a certain age unless there was an objective justification for doing so.
  • Colleges and universities could not impose upper or lower age limits for courses or in providing access to other services they might provide such as accommodation, careers advice etc.
  • Derogatory remarks about young workers being ‘wet behind the ears’ or older workers ‘not being up to the job’ could be classed as harassment on grounds of age.

Exemptions: there are some exemptions from the Age Regulations eg: the national minimum wage, which is paid at different rates based on the age of the employee, is permitted as it is stipulated under other legislation. Another might be requiring a young actor to play the part of a young person in a performance – this would be a genuine occupational requirement.

For more information about the law on age have a look at the EHRC website

The Equality Bill

Current age legislation may be replaced in 2010 when the Government hopes to receive Royal Assent for the Equality Bill. The new law (which seeks to introduce a single Equality Act covering a range of equality areas) is likely to come into force from Autumn 2010. For more information see:

 

Public Sector Duties

Currently, public bodies are only required to address three strands of equality – race, disability and gender (including gender reassignment) in carrying out their public functions as both employers and service providers.

However, many organisations have widened the scope of their equality schemes to include all the equality strands (Race, disability, gender - including gender reassignment - age, sexual orientation and religion or belief). The Government is proposing to widen the scope of the Public Sector Duties to include all the equality strands as part of the Equality Bill proposals which is likely to come into force in 2010/11.

Human Rights Act 1998

Age discrimination law does not currently apply to access to goods and services though human rights law may give some protection in these areas.