Age Discrimination regulations, make sure you comply!

The Equality Act 2010 came into force on 1 October 2010 and replaces all ealrier discrimination legislation.  In general terms the Act does not differ from earlier legislation.  It is still unlawful to discriminate against workers on the grounds of age and examples of this kind of discrimination continue to be reported in the press.

One of the frequent complaints from retirees is that they have experienced pressure from their employer to leave their job.

This is all the more pertinent given that that the the government proposes to scrap the default retirement age in the UK from October 2011.  Under the proposal, employers would not be allowed to dismiss staff simply because they had reached the age of 65.

Employers who discriminate on grounds of age  are exposed to legal action.  Unlike unfair dismissal claims, compensation for a successful age discrimination claim is uncapped and so can be a significant cost for an employer.  The total cost can be higher when legal costs and reputational damage are taken into consideration.

To protect against such claims, make sure your equal opportunities and/or anti-discrimination policy complies with current legislation.  Ensure that managers and others who make decisions that affect both existing and potential employees are aware of their responsibilities so that they can deal sensitively with age-sensitive employment matters.  Furthermore, make all employees aware of the legislation and their rights under it.  Consider making sure you have comprehensive employers’ liability insurance in the event of a claim.

Unfortunately, even with procedures in place, mistakes can happen.  Many discrimination claims arise from an employer who has sound employment procedures and a history of good employee relations but just had a 'bad day at the office'.  This is where employers’ liability insurance can help, with cover being available to protect your company against an array of employment legislation claims, including age, sex, race and disability discrimination, unfair dismissal and legislation regarding religion and sexual orientation.

For more information on how to comply with anti-discrimination legislation, go to the Department for Business, Innovation and Skills website.

Last reviewed 25 May 2011

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