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    NOTES

  • The EC Directive establishing a General Framework for Equal Treatment in Employment and Occupation, EC 2000/78 was adopted by by the EC Council in November 2000.
  • The Code of Practice on Age Diversity at Work was issued on 3rd December 2002.
  • The Employment Equality (Age) Regulations 2006, SI 2006/1031 were made on 3rd April 2006 and came into force on 1st October 2006.
  • The Employment Equality (Age) (Amendment) Regulations 2006, SI 2006/2408 and the Employment Equality (Age) (Amendment No.2) Regulations 2006, SI 2006/2931 set out the details of the pension fund "anti-age discrimination" provisions and brought them into effect on 1st December 2006.

    BASIC POSITION


    There was no specific legislation making age discrimination unlawful in the UK (whether in the employment field or generally) until 1st October 2006 - see notes at sub-heading Age discrimination/2006 regulations

    Regulations making direct and indirect discrimination on the basis of age unlawful in the employment field (including vocational training) unless objectively justified came into effect on 1st October 2006, (the Employment Equality (Age) Regulations 2006, SI 2006/1031 - see notes at Age discrimination/2006 regulations ). That was just a couple of months before the final date for Britain to introduce legislation to implement the EC Directive establishing a General Framework for Equal Treatment in Employment and Occupation, EC 2000/78, adopted by by the EC Council in November 2000. This required all EU Member States to outlaw age discrimination in employment, subject to certain exceptions, by 2nd December 2006 (see Discrimination/new EC directives and notes at sub-heading Age discrimination/2006 regulations ).

    A useful booklet produced under the previous government "Too Old .... who says?" (available from Cambertown Ltd, 0800-888688) includes a list of agencies specialising in helping older people in the work context (including "Third Age Challenge" at 01793 533370 and "The Telecottage Association" at 0800-616008). The Employers Forum on Age (020 7981 0341) is also active in this field and has a useful website.

    Even before the 2006 anti-age discrimination regulations came into effect, individuals occasionally persuaded Employment Tribunals on particular facts that age discrimination was unlawful indirect sex discrimination (see Sex discrimination/indirect discrimination and Price v Civil Service Commissioner 1978 ICR 27, EAT in which a 36 year old woman's complaint was upheld that the issue by the Civil Service of a job advertisement specifying a top age of 28 amounted to indirect sex discrimination).

    Age discrimination may also be a breach of contract, for example if an employer's equal opportunity policy includes a promise not to discriminate on age grounds which can be shown to have been incorporated into the employee's contractual terms of employment (see Taylor v Secretary of State for Scotland 2000 ICR 595, HL in which a prison officer who was compulsorily retired claimed damages for wrongful dismissal ).


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    updated Feb2008