What all employers should know about age discrimination laws

On 1 October last year the Employment Equality (Age) Regulations 2006 came into force, marking a significant development in employment law in the UK. The aim of these regulations is to protect old and young employees against direct or indirect age discrimination, victimisation or age harassment in the workplace.

In general, the age discrimination regulations mirror other areas of potential discrimination in terms of the requirement to offer equal opportunities, but there are also particular features that relate only to the issue of age.

The regulations are complex, but the consequences of age discrimination may be substantial. A significant culture change in the workplace is now required.

New regulations

The regulations make it unlawful for any employer to determine who to employ, the terms of an individual’s employment or to terminate an employee’s contract, based on their age.

Pharmacy employers need to be aware of these regulations at all stages of employment — from advertising the job and undertaking the recruitment process, during employment, through to staff retirement or termination of employment.

Retirement

One of the most far-reaching changes to employment practice introduced by the new regulations relates to retirement. There is no longer an upper age limit for claiming unfair dismissal (formerly age 65) and a statutory retirement procedure must be followed. Under this procedure, employees have a right to request to work beyond their proposed retirement date, and it will be essential for employers to follow the correct procedures if they wish to ensure that any retirement dismissals are fair and non-discriminatory.

What should employers be doing?

All pharmacy employers should review their current practices and attitudes. It is now necessary to ensure that age harassment is not tolerated in the workplace, and every employer should update their equal opportunities policies accordingly.

All members of staff should be trained about the implications of the regulations and any banter in the workplace will need to be addressed to ensure that no age-related teasing or jokes take place, even if they were once considered harmless.

Future implications

The full extent of the effect of the age discrimination regulations is yet to be established. Over the next few years, case law will develop which will define the parameters of these new regulations. However, it cannot be emphasised enough that all pharmacy employers need to examine their existing practices relating to both current and potential employees to avoid falling foul of these new regulations. Otherwsie they may face substantial claims for compensation.