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The Employment Equality (Age) Regulations 2006
Dateline: 29th October, 2006
As from 1st October 2006, it is unlawful for an employer, in relation
to employment by him at an establishment in Great Britain, to discriminate
against a person—
(a) in the arrangements he makes for the purpose of determining
to whom he should offer employment;
(b) in the terms on which he offers that person employment; or
(c) by refusing to offer, or deliberately not offering, him employment.
It is also unlawful for an employer, in relation to a person whom
he employs at an establishment in Great Britain, to discriminate against
that person—
(a) in the terms of employment which he affords him;
(b) in the opportunities which he affords him for promotion, a transfer,
training, or receiving any other benefit;
(c) by refusing to afford him, or deliberately not affording him,
any such opportunity; or
(d) by dismissing him, or subjecting him to any other detriment.
These are the main provisions of the Employment Equality (Age) Regulations
2006 - the words in italics are the actual words of the regulations
- and there are, of course, ifs and buts, particularly as regards the
employer's stated retirement age (or, if there is not one, the state
retirment age of 65). Even a quick glance at the regulations
is enough to give any non-lawyer terminal glazed-eyes syndrome, but
the general thrust of the legislation is clear: discrimination against
anyone in the workplace (or applying to join a particular workplace)
on the grounds of age is now forbidden by law.
There are exceptions for genuine occupational requirements: in other
words, where a particular occupation is age-specific. For example, it
would be unreasonable for an 60-year old actor to insist that (s)he
be considered for the part of a teenager.
The regulations also apply to vocational training: It is unlawful,
in relation to a person seeking or undergoing training, for any training
provider to discriminate against him—
(a) in the arrangements he makes for the purpose of determining
to whom he should offer training;
(b) in the terms on which the training provider affords him access
to any training;
(c) by refusing or deliberately not affording him such access;
(d) by terminating his training; or
(e) by subjecting him to any other detriment during his training.
And there are similar regulations governing admittance to and taking
part in further and higher education: It is unlawful, in relation
to an educational establishment to which this regulation applies, for
the governing body of that establishment to discriminate against a person—
(a) in the terms on which it offers to admit him to the establishment
as a student;
(b) by refusing or deliberately not accepting an application for his
admission to the establishment as a student; or
(c) where he is a student of the establishment—
(i) in the way it affords him access to any benefits,
(ii) by refusing or deliberately not affording him access to them,
or
(iii) by excluding him from the establishment or subjecting him
to any other detriment.
The effect is to outlaw age discrimination in the same way that previous
legislation has outlawed discrimination on the grounds of sex, race
or disability.
Theatre, in fact, has a better-than-most record in this regard but
theatres and theatre companies, drama schools and universities, must
now rewrite their policies and procedures to take the new legislation
into account. Age must be added to those claims that "X is an equal
opportunities employer".
That, however, is not in itself enough, for the regulations go on to
state that
(1) Anything done by a person in the course of his employment
shall be treated for the purposes of these Regulations as done by
his employer as well as by him, whether or not it was done with
the employer's knowledge or approval.
(2) Anything done by a person as agent for another person with
the authority (whether express or implied, and whether precedent or
subsequent) of that other person shall be treated for the purposes
of these Regulations as done by that other person as well as by him.
(3) In proceedings brought under these Regulations against any
person in respect of an act alleged to have been done by an employee
of his it shall be a defence for that person to prove that he took
such steps as were reasonably practicable to prevent the employee
from doing that act, or from doing in the course of his employment
acts of that description.
In other words, employers must ensure that management and all others
in any position of authority within the organisation must be aware of
the Regulations and know their responsibilities under them - and be
aware that both they and the employer can be prosecuted if the Regulations
are breached. There is also provision within the Regulations to protect
people from harrassment, making harrassment an offence.
On the positive side, nothing in the Regulations
shall render unlawful any act done in or in connection with—
(a) affording persons of a particular age or age group access
to facilities for training which would help fit them for particular
work; or
(b) encouraging persons of a particular age or age group to take
advantage of opportunities for doing particular work;
where it reasonably appears to the person doing the act that it
prevents or compensates for disadvantages linked to age suffered by
persons of that age or age group doing that work or likely to take
up that work.
Action for breach of these regulations can be brought through employment
tribunals or through the civil courts.
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