From October 2006 it became unlawful for any employer to discriminate/harass employees and potential employees because of their age. The regulations were brought in to cover the following areas:
- Recruitment and selection
- Employment - terms and conditions / pay and benefits
- Training, promotion and transfers
- Dismissals (including retirement)
However, different treatment on grounds of age may be lawful if the employer can meet the test of objective justification i.e. the employer can show the treatment fulfils a legitimate aim and particular circumstances make it appropriate and necessary.
Recruitment and selection
Advertising, job descriptions, person specifications, application forms and selection processes (shortlisting/interviews) must not discriminate unless objectively justified. However, it will be lawful not to appoint a person who is over the employer's normal retirement age or over the age of 65 if the employer has no normal retirement age or within 6 months of that age.
Retirement
As of 6th April 2011, the national default retirement age is abolished and no further notices of compulsory retirement can be issued from this date, unless an employer has set their own Employer Justified Retirement Age (EJRA) that can be objectively justified.
In all cases where an employer has not set an EJRA, an employee can continue working until they choose to retire.
If you require further advice or assistance regarding retirement please contact Schools' Personnel Service.