For media - The Age Regulations

The Employment Equality (Age) Regulations 2006 came into effect on 1st October 2006.  They represent one of the biggest changes in UK employment law for decades.

For the first time there is a piece of anti-discrimination legislation which applies to virtually everyone in the population old enough to legally undertake paid work. All the existing strands of anti-discrimination apply only to certain sections of the population.

The context for the legislation is the impact which longer lives and older populations are having on individuals, employers, governments, economies and societies in all OECD countries – including the UK and all other member states of the European Union.

The Regulations transpose the ‘age’ strand of the EU Equal Treatment Directive 2000/78/EC into UK law. They cover all aspects of the employment, or would-be employment, relationship – from recruitment, terms and conditions, promotion and training to redundancy, retirement and the provision of references.

The Regulations make it unlawful to treat someone less favourably in an employment or training situation on the basis of their age – unless that age-based difference of treatment can be objectively justified or is covered by one of a range of general exemptions written into the new law.

As age discrimination is the commonest form of workplace discrimination that employees (or would-be employees) are likely to face, employers are naturally concerned about the impact the new law is likely to have on them.

In countries where age discrimination legislation is already in place, claims are common and the damages awarded are high. Compensation for unlawful age discrimination will be unlimited.

Despite their concerns, it appears that a sizeable proportion of employers still believe their employment policies and practices have not been sufficiently ‘age-proofed’ and leave them open to possible claims.

(Click here for TAEN's Simple Guide to the Age Regulations).