Updating author: Tina McKevitt

On this page:
Summary
Future developments
Practical example
Action point checklist
Key references
Questions and answers
Who is protected?
Territorial scope of the Regulations
Who is liable?
Discrimination after the working relationship has come to an end
Unlawful discrimination
Direct discrimination
Indirect discrimination
Justification
Harassment
Protection from Harassment Act 1997
Victimisation
Instructions to discriminate
Recruitment
Genuine occupational requirements
Retirement
Service-related benefits
Positive action
National security
Statutory authority
National minimum wage
Redundancy payments
Life assurance cover

Summary

6.708

• Age discrimination legislation came into force on 1 October 2006. 
• The definition of employment for the purposes of the Employment Equality (Age) Regulations 2006 (SI 2006/1031) is wider than that found in other employment legislation (except the other discrimination legislation). (See 6.710 Who is protected?)
• As well as being liable for its own actions, there are circumstances in which an employer will be liable for the discriminatory acts of others. Under the wider provisions of the legislation, others who are not employers may find themselves liable. (See 6.712 Who is liable?)
• Some discrimination and harassment after employment ends will be unlawful where it arises out of and is closely connected to that employment relationship. (See 6.713 Discrimination after the working relationship has come to an end)
• Direct discrimination occurs where, on grounds of person B's age, person A treats person B less favourably than person A treats or would treat other persons. Direct age discrimination will not be unlawful if it can be justified. (See 6.715 Direct discrimination)
• Indirect discrimination occurs where person A applies to person B a provision, criterion or practice that person A applies, or would apply, equally to persons not of the same age group as B, but which puts, or would put, persons of the same age group as B at a particular disadvantage when compared with other persons, and which A cannot show to be a proportionate means of achieving a legitimate aim. (See 6.716 Indirect discrimination)
• Under the Employment Equality (Age) Regulations 2006, it is possible for employers to justify both direct and indirect discrimination. (See 6.717 Justification)
• Harassment occurs where, on grounds of age, person A engages in unwanted conduct that has the purpose of violating B's dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for him or her, or is reasonably considered by B to have that effect, even where it was not intended. (See 6.718 Harassment)
• Victimisation occurs where someone is treated less favourably than others are or would be by reason that he or she has done, is intending to do, or is suspected of intending to do "a protected act". (See 6.720 Victimisation)
• There is an exception for discrimination in recruitment where the claimant has reached or is close to retirement age. (See 6.722 Recruitment)
• Employers may in certain circumstances lawfully restrict a job to people of a particular age. (See 6.723 Genuine occupational requirements)
• The Employment Equality (Age) Regulations 2006 permit employers to dismiss on the grounds of retirement those employees who are aged 65 or over without this being regarded as age discrimination or unfair dismissal, provided that they follow a prescribed "duty to consider" procedure. (See 6.724 Retirement)
• The Employment Equality (Age) Regulations 2006 contain a specific exemption allowing employers to use length of service as a criterion for benefits in some situations. (See 6.725 Service-related benefits)
• Employers may, in certain circumstances, lawfully discriminate in training to fit people of a particular age or age group for particular work or encouraging them to take advantage of opportunities for doing particular work. (See 6.726 Positive action)
• There are exceptions from unlawful age discrimination in relation to acts done for the purpose of safeguarding national security or to comply with a requirement of any statutory provision. There are also exceptions permitting employers to base their pay structures on the national minimum wage legislation and for employers that provide life assurance cover to workers who have had to retire early on grounds of ill health. (See 6.727 National security, 6.728 Statutory authority, 6.729 National minimum wage and 6.731 Life assurance cover)
• There is an exception from unlawful age discrimination where enhanced company redundancy payment provisions linked to length of service mirror provisions in the statutory redundancy scheme. (See 6.730 Redundancy payments)

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Future developments

6.709 Equality Bill: Existing discrimination legislation is to be consolidated into a single Equality Act in order to provide a simpler, more consistent legal framework for preventing discrimination.

The Equality Bill was formally introduced in the House of Commons on 24 April 2009, and received a second reading in May.