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Recent Legislation
The Employment Equality (Age) Regulations 2006
- These Regulations, which are made under section 2(2) of the European
Communities Act 1972 (c.68), implement (in Great Britain) Council Directive
2000/78/EC of 27th November 2000 establishing a general framework for equal
treatment in employment so far as it relates to discrimination on grounds of
age.
- The Regulations make it unlawful to discriminate on grounds of age in
employment and vocational training. They prohibit direct discrimination,
indirect discrimination, victimisation, instructions to discriminate and
harassment.
- Direct discrimination, defined in regulation 3(1)(a), arises where a
person is treated less favourably than another on grounds of his age or
apparent age.
- Indirect discrimination, defined in regulation 3(1)(b), arises where a
provision, criterion or practice, which is applied generally, puts persons of
a particular age or age group at a disadvantage.
- Discrimination will occur where the difference in treatment or
disadvantage cannot be shown to be a proportionate means of achieving a
legitimate aim.
- Victimisation, defined in regulation 4, occurs where a person receives
less favourable treatment than others by reason of the fact that he has
brought (or given evidence in) proceedings, made an allegation or otherwise
done anything under or by virtue of the Regulations.
- Instructions to discriminate are dealt with in regulation 5. It is a form
of discrimination to treat a person less favourably than another because he
has failed to carry out an instruction to discriminate or because he has
complained about receiving such an instruction.
- Harassment, defined in regulation 6, occurs where a person is subjected to
unwanted conduct on grounds of age with the purpose or effect of violating his
dignity, or creating an intimidating, hostile, degrading, humiliating or
offensive environment for him.
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