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► Age discrimination rules

Since October 2006 new legislation (Employment Equality Age Regulations 2006) means that employers cannot discriminate against you directly or indirectly at work due to your age (for example being too young or too old).

This applies to you if you’re working for an employer or even if you’re applying for jobs. You are covered even if you work for a very small firm, are an agency worker or a contract worker. However the new rules don’t apply if you are an unpaid volunteer. There is no minimum period of employment before you are protected by the law.


What does this mean?


  • You can’t be treated unfairly due to your age (eg. requiring 12 years experience for a job vacancy indirectly discriminates against younger people, unless the employer can prove this is justified).
  • Employer’s shouldn’t allow offensive age related remarks or jokes in the workplace.
  • You can’t be rejected for a job or promotion due to your age (although it is not unlawful for employers to request your DOB on job application forms).
  • An employer can’t force you to retire before the age of 65.
  • You can’t be dismissed just because of your age.

    However, it doesn’t affect the different rates of national minimum wage - which are higher the older you are!

    What can I do?

    The law is new and the exceptions complicated, sometimes employers can justify their actions so get advice immediately to see if you can make a claim to employment tribunal. There is a deadline of 3 months to make a claim of age discrimination.

    Further information:
    www.worksmart.org.uk

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