Age discrimination and retirement

Resources

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  AG01: What legislation covers age discrimination and retirement?

  The main pieces of legislation governing age discrimination and retirement in Great Britain are: The Employment Rights Act 1996, The Employment Equality (Age) Regulations 2006 (as amended), The Equality Act 2010 and...
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  AG02: Where can employers find an overview of the age discrimination legislation?

  The remaining parts of the Employment Equality (Age) Regulations 2006 and the Equality Act 2010 cover age discrimination, but also aspects of...
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  AG03: What are the forms of age discrimination and who does the age discrimination legislation cover?

  Age discrimination follows a similar (but not identical) pattern as other forms of discrimination covering the standard four types...
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  AG04: How can an employer objectively justify age discrimination?

  One of the unique features of age discrimination is that an employer can attempt to justify both direct and indirect discrimination claims...
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  AG05: What should employers do to comply with the age discrimination and retirement legislation?

  To comply with age discrimination legislation employers should carry out all of the following actions....
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  AG06: Is there case law guidance on the amount of compensation an employer will have to pay an employee who wins an age discrimination claim?

  The most crucial aspect to remember about age discrimination compensation is that it is uncapped. Age discrimination claims have been steadily...
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  AG07: How are statutory redundancy payments affected by age discrimination legislation?

  Since 1 October 2006 all employees, regardless of their age, have had an entitlement to a redundancy payment. The qualifying period is...
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  AG08: How does age discrimination law affect employers' own enhanced redundancy payments?

  For details on employers'own enhanced redundancy payments affected by the Employment Equality (Age) Regulations 2006 and the Equality Act 2010 (with effect from 1 October 2010) see the relevant FAQ...
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  AG09: How does an employer know if their benefits which are based on length of service could be discriminatory on grounds of age?

  To a certain extent, seniority in service is viewed as a legitimate tool for attracting, retaining and rewarding experienced staff and...
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  AG10: Can employers exclude older workers from benefits such as long-term disability insurance, permanent health schemes or life assurance cover?

  The combined effect of the the Employment Equality (Age) Regulations 2006, the Equality Act 2010, and...
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  AG11: How do employers know which rules to follow before and after the abolition of the default retirement age?

  The answer to this question is complex. Basically, the rules concerning retirements have changed and different rules apply during different periods of time...
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  AG12: What rules govern retirement of employees from 1 October 2011?

  If the employee wishes to retire, the answer to this question is simple. If an employee has decided that they are ready to retire, they just need to...
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  AG13: How can employers justify retiring employees lawfully and can employers justify putting a retirement age in their terms and conditions?

  If an employee wishes to retire they can just hand in their notice in accordance with their employment contract in the usual way...
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  AG14: What should an employer do if an employee indicates that they wish to retire and what happens if the employee then changes their mind?

  If the employee wishes to retire from 1 October 2011 onwards, they just need to give the normal notice period outlined in...
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  AG15: How can an employer retire an older employee whose performance has deteriorated but who is reluctant to retire voluntarily?

  Employers may choose to adopt an employer justified retirement age for all employees. For further information see the related FAQ. In all other cases...
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  AG16: If an employer adopts a justified retirement age does it have to be the same for men and women?

  The age chosen does have to be the same for men and women. It is unlawful for employers to specify different contractual pension or retirement ages...
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  AG17: What were the old statutory procedures which applied to some retirement dismissals?

  Under the Employment Equality (Age) Regulations 2006, from 1 October 2006 employers were required to implement planned retirements and follow...
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  AG18: If an employer allows an employee to remain beyond any employer justified retirement age can the employee insist upon reduced working hours?

  If an employer allows an employee to remain beyond any employer justified retirement age the employee cannot insist upon...
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  AG19: Can an employer allow an employee to work beyond an employer justified retirement date if there is one?

  Yes, an employer can allow an employee to work beyond employer justified retirement date if there is one and indeed it is usually...
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  AG20: Can an employer require all employees to undergo a medical examination before allowing them to continue working into old age?

  The short answer to this question is 'no'. The best way is to seek the employees’ consent to an examination. If they refuse...