Statute and Case Law Relationship
The Employment Equality (Age) Regulations 2006 - (Age Discrimination)
These Regulations came into force on 1st October 2006.
The Regulations apply to all employment and vocational training (employees, prospective employees and trainees).
It is unlawful to discriminate, harass or victimise job applicants, employees or trainees on the grounds of age (young or old).
Direct discrimination occurs where the employer treats a job applicant / employee / trainee less favourably than he treats or would treat other persons unless he can objectively justify that treatment. It ncludes discrimination based on apparent age whether or not that is in fact the correct age.
Indirect discrimination occurs where the employer applies a provision, criterion or practice which puts persons of a particular age group at a particular disadvantage and they suffer disadvantage as a result.
Discrimination by way of victimisation occurs if the employer treats an job applicant / employee / trainee less favourably because of something they have done under or in connection with the Regulations (e.g. supporting a fellow worker who has brought a claim for age discrimination).
If an employer gives instructions to an employee to discriminate against another employee and those instructions are not carried out and that employee is then subjected to less favourable treatment, this will still constitute discrimination on the grounds of age.
Harassment occurs if the employee's conduct has the purpose or effect of violating the job applicant / employee / trainee's dignity or creating an offensive environment for him.
Retirement becomes a potentially fair reason for dismissal under S.98 Employment Rights Act 1996. Schedule 6 p ...