Employment Equality (Age) Regulations 2006

Employment Equality (Age) Regulations 2006

Employment Law

GP employers will need to master a new set of legal rules for dealing with staff when the Employment Equality (Age) Regulations 2006 come into force on 1 October 2006. Partners are also protected. Unjustified direct and indirect age discrimination of people of any age will be outlawed, as will harassment and victimisation on grounds of age. The regulations apply to employment and vocational training. All workers come within their scope including partners, contract workers and job applicants (partners include GP partners). Prospective employers will no longer be able to ask employment agencies to find or avoid applicants above or below specific ages.

Selection and promotion

Age group rather than age is defined in the regulations. The definition is 'a group of persons defined by reference to age whether … a particular age or range of ages'. To avoid age discrimination in relation to recruitment, selection and promotion of staff, practices' decisions in these areas should not normally be based on age, but should depend on the skills and competencies required for the job. Make staff aware that age is not an issue. Practices need to check their procedures for advertising, shortlisting for interview, conducting interviews and selection criteria. Eliminate references to age such as 'must have at least 10 years' experience' or 'mature'. However, there is an exemption from protection in the case of job applicants who have reached 65 years or will do within six months of applying for a post. Applicants over 65 will not be able to claim to an employment tribunal that they have not been selected because of their age. In exceptional circumstances, an employer may be able to defend a claim if able to prove discrimination was 'a proportionate means of achieving a legitimate aim'.

Service-related pay

Length of service is often used as a criterion for pay, and for non-pay benefits such as staff discounts or extra holiday entitlement. This can amount to indirect discrimination because some age groups are more likely to have the necessary length of service than others. Service-related benefits are exempted from the regulations unless the staff member has over five years' service. But the employer must be able to demonstrate that it appeared reasonable to use the criterion to fulfil a business need such as encouraging loyalty and motivation and rewarding experience.

Retirement

Under the new rules, the default retirement age is 65. Practices can continue to employ staff over 65, but retirement ages below 65 will generally be illegal unless the practice can either satisfy the test of 'objective justification' or if the employee agrees to it. Employers with retirement ages below 65 will have to change them if unable to justify them, or obtain agreement from the employee. Putting pressure on staff to retire before 65 is also discriminatory. This means that contracts of employment stating retirement before 65 should be reviewed, particularly for staff approaching retirement age. If a staff member wishes to retire before 65, for ...