Age Equality
The Law
The Employment Equality (Age) Regulations 2006 came into force on 1
October 2006. This is the first piece of UK legislation which aims
to stop discrimination on the basis of age. It will work in much
the same way as existing legislation around race, gender, sexual
orientation, disability and religion and belief. The regulations
apply to employment and vocational training. They prohibit
unjustified direct and indirect age discrimination, and all
harassment and victimisation on the grounds of age or the age
someone appears to be. This protects people of all ages, young and
old. The regulations cover areas such as recruitment, terms and
conditions, promotions, transfers, dismissals and training. They do
not cover the provision of goods and services.
What this means for employers
The regulations make it unlawful on the grounds of age to:
- discriminate directly against anyone – that is, to treat them
less favourably than others because of their age – unless
objectively justified
- discriminate indirectly against anyone – that is, to apply a
criterion, provision or practice which disadvantages people of a
particular age unless it can be objectively justified
- subject someone to harassment. Harassment is unwanted conduct
that violates a person’s dignity or creates an intimidating,
hostile, degrading, humiliating or offensive environment for
them
- victimise someone because they have made or intend to make a
complaint or allegation or have given or intend to give evidence in
relation to a complaint of discrimination on grounds of age
- discriminate against someone, in certain circumstances, after
the working relationship has ended
Employers may therefore need to update their equalities policies to
take age into account. They may also need to train their staff,
update their job application forms and reconsider how they
advertise for certain posts. The legislation applies to all
employers, not just large or statutory organisations.
What this means for individuals
The new regulations mean that you should be judged on the basis of
your skills, competence, attitude and abilities, and not your age
or any other factor which you cannot change. If you carry out
training or recruitment as part of your job, your employer should
give you enough information about the new regulations to enable you
to work within the law. You should ask if you are unsure.
What Wyre Forest District Council is doing to comply with the
new regulations
Wyre Forest District Council has already:
- introduced a policy so that employees can request to work
beyond the Council’s normal retirement age of 65, if they wish
- made changes to its job application form
- briefed managers of the Council about their
responsibilities
- agreed a communication plan to ensure employees know how the
legislation may impact them
- checked its HR policies to ensure they do not directly, or
indirectly discriminate
Who to contact
- If you feel that you have been treated unfairly because of your
age in an employment or training situation, you should contact your
employer or training provider directly. They may have procedures by
which complaints or grievances can be addressed. Other sources of
information or advice include the Citizens
Advice Bureau and ACAS.
If you have an age-related issue about working
for, or services provided by, Wyre Forest District Council, you can
report it to the HR Team on 01562 732701.