Employment Equality (Age) Regulations 2006
Encyclopedia
The Employment Equality Regulations 2006 (SI 2006/2408) is a piece of secondary legislation in the United Kingdom
, which prohibits employers unreasonably discriminating against employees on grounds of age. It came into force on October 1, 2006. It is now superseded by the Equality Act 2010.
A legal challenge to the Default Retirement Age ("DRA") brought by the charity Age UK
failed in September 2009, with the judge finding that the Regulations did not breach the European Union
's Equal Treatment at Work Directive
.
The Coalition government announced in July 2010 that it intends to eliminate the DRA from October 2011. The finalised draft regulations were published on 1 March 2010 and the DRA will be abolished so that no forced retirements will be able to take place after 5 October 2012 (at the very latest).
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
, which prohibits employers unreasonably discriminating against employees on grounds of age. It came into force on October 1, 2006. It is now superseded by the Equality Act 2010.
Outline
The Regulations follow a very similar structure to existing legislation concerning sex, race, and religion. They provide a broad justification defence and a wide range of exceptions which have been criticised for undermining the concept of discrimination law by providing too many compromises on what would otherwise be unlawful.Default Retirement Age
Significant issues addressed by the legislation include the provision of a national default retirement age set at 65 (to be retained for at least 5 years) and the ability for employees to request work beyond the retirement age following procedure in schedule 6 of the Regulations.A legal challenge to the Default Retirement Age ("DRA") brought by the charity Age UK
Age Concern and Help the Aged
Age UK is a registered charity in the United Kingdom, formed on 25 February 2009, and launched on 1 April 2009, which combines the operations of the previously separate charities Age Concern and Help the Aged to form the UK's largest charity for older people...
failed in September 2009, with the judge finding that the Regulations did not breach the European Union
European Union
The European Union is an economic and political union of 27 independent member states which are located primarily in Europe. The EU traces its origins from the European Coal and Steel Community and the European Economic Community , formed by six countries in 1958...
's Equal Treatment at Work Directive
Directive establishing a general framework for equal treatment in employment and occupation
Since the Treaty of Amsterdam came into force in 1999, new EU laws, or Directives, have been enacted in the area of anti-discrimination.The Council Directive 2000/78/EC implements the principle of equal treatment in the area of employment, covering disability, religion or belief,...
.
The Coalition government announced in July 2010 that it intends to eliminate the DRA from October 2011. The finalised draft regulations were published on 1 March 2010 and the DRA will be abolished so that no forced retirements will be able to take place after 5 October 2012 (at the very latest).
See also
- AgeismAgeismAgeism, also called age discrimination is stereotyping of and discrimination against individuals or groups because of their age. It is a set of beliefs, attitudes, norms, and values used to justify age based prejudice, discrimination, and subordination...
- Employment equality law in the United Kingdom
- Employment Equality RegulationsEmployment Equality RegulationsThe Employment Equality Regulations 2003 are secondary legislation in the United Kingdom, which prohibited employers unreasonably discriminating against employees on grounds of sexual orientation, perceived sexual orientation, religion or belief and age...
- UK labour law
- Pensions in the United Kingdom
- Age Discrimination in Employment ActAge Discrimination in Employment ActThe Age Discrimination in Employment Act of 1967, Pub. L. No. 90-202Code, through , forbids employment discrimination against anyone at least 40 years of age in the United States .-Scope of Protection:...
and Age Discrimination Act of 1975Age Discrimination Act of 1975Age Discrimination Act of 1975 is a law which prohibits discrimination based on age in programs or activities that receive federal financial assistance, for instance, financial assistance to schools and colleges, provided by U.S. Department of Education....
for the US