DID YOU KNOW?

Legislation

Do I have to do anything new or different now the legislation has come into force?

Yes. Include age in your equality policy. Consider adding all forms of discrimination and harassment (sex, race, disability, gender reassignment, sexual orientation and religion or belief) to your disciplinary rules. These rules should also include bullying.

Make sure all employees are aware (through training, notice boards, circulars, contracts of employment, etc) that it is not only unacceptable to discriminate, harass or victimise someone on the grounds of age, it is also unlawful.

Make it clear that you will not tolerate such behaviour.

Individuals should know what to do if they believe they have been discriminated against or harassed, or if they believe someone else is being discriminated against or harassed. This should be included in the grievance procedure.

Do I need disciplinary and grievance procedures?

The Employment Act 2002 requires all employers, however large or small, to have both a disciplinary and a grievance procedure.

Check your policies for retirement and redundancy. Upper age limits on unfair dismissal claims and redundancy payments will be removed. There will be a default retirement age of 65, making compulsory retirement below 65 unlawful unless objectively justified.

Give serious consideration to the benefits of flexible working. All employees will also have the right to request to work beyond 65 or any other retirement age set by the organisation. You have a duty to consider such requests.

Q.	Do the regulations only cover older employees?
A.	No. The regulations cover workers of all ages – young and old.

Q.	Must I have an equality policy?
A.	No. However, an equality policy is the best way of demonstrating that you take discrimination seriously and have steps in place to tackle it. The policy should set the minimum standard of behaviour expected of all employees through recruitment right through to retirement. It also spells out what employees can expect from the organisation. It gives employees confidence that they will be treated with dignity and respect, and may be used as an integral part of a grievance or disciplinary process if necessary.
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