Presentation on theme: "The Equality Act – An Age Old Problem. The Employment Equality (Age) Regulations 2006 first introduced the concept of age discrimination in employment."— Presentation transcript:
The Employment Equality (Age) Regulations 2006 first introduced the concept of age discrimination in employment Retirement age of 65 lawful Duty to consider procedure Tick box process The Future of the Retirement Age
Government Consultation Process Commenced in July 2010 Fundamental change to the law – general retirement ages imposed by the employer no longer lawful Consultation concluded on 21 October
Government Consultation Process What is the new law likely to be? The concept of an enforced retirement age to be phased out from 6 April 2011 Transitional arrangements will mean that retirements already underway can be completed so long as:- –The notification was issued before April 2011 –The intended date of retirement is before 1 October 2011 and –All of the requirements of the current procedure are met
Government Consultation Process After 1 October 2011 there will be no concept of a dismissal on grounds of retirement All employees of any age can only be fairly dismissed on one of the existing grounds Dismissal on grounds of age per se is likely to be both unfair and discriminatory The exception will be where the employer can objectively justify an enforced retirement age
Where did Enginuity Limited go Wrong? Only 3 months notice of the intended retirement age was given No consideration that Hamish has a contractual period of 12 months – did the contract provide for a payment in lieu provision? Not clear whether the duty to consider procedure was followed If Dave did continue in employment beyond 65, could Enginuity withdraw any of its insured benefit schemes on grounds of cost?
Is the new Law a burden or an opportunity for employers going forward? Lots of discussion about employers window of opportunity ending on 1 April 2011 Is it time for a complete change in mindset?