The Employment Equality (Age) Regulations 2006

These regulations apply to all and include recruitment, terms and conditions, promotions, transfers, dismissals and training. They do not cover the provision of goods and services.

The regulations make it unlawful on the grounds of age to:

• discriminate directly against anyone – that is, to treat them less favourably than others because of their age – unless objectively justified;
• discriminate indirectly against anyone – that is, to apply a criterion, provision or practice which disadvantages people of a particular age unless it can be objectively justified;
• subject someone to harassment. Harassment is unwanted conduct that violates a person's dignity or creates an intimidating, hostile, degrading, humiliating or offensive environment for them having regard to all the circumstances including the perception of the victim;
• victimise someone because they have made or intend to make a complaint or allegation or have given or intend to give evidence in relation to a complaint of discrimination on grounds of age;
• discriminate against someone, in certain circumstances, after the working relationship has ended. Employers could be responsible for the acts of employees who discriminate on grounds of age.

Upper age limits on unfair dismissal and redundancy will be removed. There will be a national default retirement age of 65, making compulsory retirement below 65 unlawful unless objectively justified. Employees will have the right to request to work beyond 65 or any other retirement age set by the company. The employer has a duty to consider such requests. There are limited circumstances when discrimination may be lawful (see section on genuine occupational requirements, objective justifications, exceptions and exemptions).

The Employment Equality (Age) Regulations 2006 in full
Age Discrimination Act