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The Employment Equality Age of 2006 came into force on 1 October 2006 the employer to revolutionize the way they advertise for jobs, interview candidates, and the final selection for employment. These Age Discrimination Regulations will judge to stop a person's ability to do a job of their age. After all, age, in this highly mobile labor market does not always, experience and know-how.
The Age Discrimination Regulations prohibit discrimination based on age or "perceived age" in the workplace. It should be noted, however, that the regulations are on employment and vocational training. Do not extend, as a rule, with the provision of goods and services. It would be nothing unlawful, for example, for a newspaper to publish an article, the disparaging remarks about a person of age. Within the workplace, employers and employees alike need to staff for their skills and not their age. Employers must ensure that their employee handbooks to the age as a form of discrimination to ensure that employees know their behavior. The training of managers in particular is very important.
Rule 7 makes it unlawful for an employer, in relation to employment by him at an establishment in Great Britain, to discriminate against a person:
(1) In the agreements it for the purpose of determining to whom he should work.
(2) In relation to which he offers that person employment.
(3) In the denial of employment to offer.
If workers, but also unlawful for an employer to discriminate against an employee in relation to:
(1) The possibilities that it offers him for the promotion, transfer, training or receiving any other benefits.
(2) A termination or launching it to any other form of interference.
Step 1: The exposure age limits and age
The marketplace has already known the applicant for certain age groups. This will (in Main) now to be unlawful. In practice there are very few jobs that a person of a certain age. However, it is not unlawful for an employer to ask to have the relevant experience to work in appropriate cases. Experience, stemming from the passage of time necessarily and older candidates for a job are better able to show that they experience as a younger candidate.
Step 2: Requirements
Many job specifications rightly require prior experience from a variety of reasons. However, prior experience is no guarantee of the suitability and an employer is always best by providing the skills and competencies to successfully perform the role not only with a certain number of years of experience. Identification and precise determination of these skills and competencies that any claims of discrimination based on age. This policy should apply to the recruitment, transfer or promotion.
If a role requires not only technical skills, but also other properties that can affect the personality of the applicant, it will be all important to ensure that this personality are at an age-neutral. For example, searching for a "mature" person has a role to play, could be understood to mean that an older worker is required. Some commentators have pointed out that the word "dynamic" might be when it came to a young man.
Step 3: Graduate Recruitment
The graduates are required for a particular role. However, care should be taken as the setting. Attend graduate fairs, such as milk-runs, is necessarily only in the presence of those who have the diploma or. recently graduated. Consideration should be given to the expansion of the network and additional or alternative methods of recruitment, whether by advertising in different markets or through employment agencies. Everywhere where an employer in recruiting elect, should be examined whether this method of recruitment in May disproportionately in favor of a specific age group.
The exception: "genuine occupational requirements'
Rule 8 provides that it is not unlawful discrimination on grounds of age in hiring, if there is a genuine age related occupational requirement, having regard to the type of employment or the context in which it is carried out. The employer would have to show that a characteristic related to age is an essential and decisive "occupational requirement" and that the policy is a proportionate On - ie, that the occupational requirement could not be achieved in some other, non-discriminatory wise.
However, not all jobs will benefit from the exception. It is generally not open to the employer to claim that they can be a staff member of a certain age or age group, because "" It's what sells. "It is unlikely that the court approve an employer's decision to employ only young people in a trendy clothing boutique, for example. However, it is likely that employment for modeling a certain look on the runway or an age, the specific role in a play is right under the genuine occupational requirement provision. Since litigation, the concept of the courts will give us a better indication of age, as this discrimination regulations are interpreted.
Conclusion
To ensure that supply is, in practice, not age-related or fully justified can be combined with a transparent system of selection, the risk of costly claims in the Employment Tribunal.
Copyright 2006 Ian Mann
Ian Mann - Employment Barrister 13 King's Bench Walk employment barrister-uk.com Ian Mann was sent to the Bar in 2000. He practices in employment disputes, which both employers and employees. His employment practice covers the full spectrum of Employment Tribunal, High Court and the Appellate Body of work and covers all aspects of employment, especially discrimination. Ian is able to offer you the following issues: providing expert advice to a specific legal problem. Make you or your company in the Employment Tribunal or courts. Advice in relation to the prospects of success of litigation. If possible solution if the corresponding conditions. Review Human Resources policies. Draft contract.
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