Age Legislation

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This European directive came into force in October 2006 and has introduced measures to prevent employers discriminating on the grounds of age in the areas of recruitment, reward, redundancy and retirement. With changing demographics, an ageing population and a shrinking workforce, employers need to be one step ahead of the new legislation to ensure their recruitment and HR practices will support them in finding the right skills for the job, regardless of age or any other diversity factor. Ending ageism in the workplace will require a significant shift in mindsets for both employers and workers. In 1950, one in ten of the population was over 65, today it is one in six. There are now 1.5 million more people aged 50-65 in the employment market than a decade ago. ( Office for National Statistics 2005) The regulatons prohibit unjustified direct and indirect age discrimination, harassment or victimisation on the groumds of age in all areas of employment. People of every age are covered, young or old. They include all workers - employees, agency and contract workers in the public and private sector. Age limits for redundancy and unfair dismissal will be removed. This gives older workers the same rights to claim unfair dismissal or receive a redundancy payment as younger workers, unless there is a genuine retirement. Selection for redundancy must not be based on age or length of service. A national default retirement age of 65 will be intriduced for men and women ( to be reviewed in 2011) The enormous opportunity this new legislation brings is for employers to tap into a pool of talent and find a candidate with the best skills, this allows us to source the most productive workforce. Tackling age discrimination will require a major shift in thinking, for both employees and employers and job seekers.Age diversity will become the norm in all workplaces for the future. Some of the key issues UK business's must now consider are as follows: Retirement - Employers may no longer set retirement ages for employees (unless justifications are provided, for example for purposes of health and safety); A ‘default’ retirement age has been intoduced; Unfair dismissal – all employees will be eligible to claim unfair dismissal, regardless of age up to an employer’s justifiable retirement age or a default age set out in legislation; Statutory redundancy pay; Recruitment, Selection and Promotion – no longer based on age unless the employer can justify doing so. Top