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This equipment was donated by Thompsons solicitors

This equipment was donated by Thompsons solicitors. Update on Equality Law: Are We Catching Up? Wednesday 5 th December 2007. Diversity or discrimination? – The question of age. Sally Brett TUC Equality Policy Officer.

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This equipment was donated by Thompsons solicitors

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  1. This equipment was donated by Thompsons solicitors Update on Equality Law: Are We Catching Up? Wednesday 5th December 2007

  2. Diversity or discrimination? – The question of age Sally Brett TUC Equality Policy Officer Institute of Employment Rights Equalities Update Wednesday 5th December 2007

  3. Employment Equality (Age) Regulations • Effective 1 October 2006 • Prohibit discrimination, victimisation and harassment on grounds of age • General objective justification defence for both direct and indirect discrimination • Specific exemptions e.g. NMW, redundancy, service-related benefits, DRA • Complicated retirement procedure and right to request to stay on Institute of Employment Rights Equalities Update Wednesday 5th December 2007

  4. TUC response • Welcomed legislation on age discrimination • Challenged justifiability of exemptions • Disappointed forced retirements could continue • Concerns over retirement procedure Institute of Employment Rights Equalities Update Wednesday 5th December 2007

  5. Impact of legislation • DTI anticipated 8,000 cases a year • 972 cases in first six months (ETS statistics - Oct 06 to Mar 07) • 135 disposed of, includes: • 51 withdrawn • 56 Acas conciliated • 6 unsuccessful at hearing • 0 successful at hearing Institute of Employment Rights Equalities Update Wednesday 5th December 2007

  6. Cases so far • Martin v SS Photay and Associates – 70-year old cleaner dismissed on grounds of age • Holmes v Active Sensors – dismissal was retirement; request to stay on did not state ‘under para 5(3)’ • Bloxham v Freshfields – sustainability of pensions and tackling intergenerational unfairness were legitimate aims; extensive consultation and communication but no less discriminatory alternatives were found Institute of Employment Rights Equalities Update Wednesday 5th December 2007

  7. Challenges to retirement age • Palacios de la Villa v Cortefiel Services SA (ECJ) • Directive does apply to retirement • Compulsory retirement was direct discrimination • Justified by clear policy aim of improving employment opportunities • Older workers not unduly prejudiced as based on age and entitlement to pension • Heyday challenge to DRA due to be heard in late 2008/early 2009 • Govt committed to review DRA in 2011 Institute of Employment Rights Equalities Update Wednesday 5th December 2007

  8. Impact on employer practice • Survey evidence suggests focus on tackling formal signs of ageism • Different responses on retirement • Attitudes to older workers ‘positive but passive’ • Younger workers often viewed more negatively • Few proactive measures to recruit or retain an age diverse workforce Institute of Employment Rights Equalities Update Wednesday 5th December 2007

  9. Flexible retirement and age discrimination • Finance Act 2004 made flexible retirement possible • DWP consultation suggests obstacles and uncertainty created by Age Regs • Employers unwilling to objectively justify flexible retirement practices • Some employers simply not motivated to take action Institute of Employment Rights Equalities Update Wednesday 5th December 2007

  10. Future developments • A positive duty on age • Extension of protection beyond employment • Single Equality Bill consultation • Proposal for Directive on discrimination outside employment • Code of Practice? Institute of Employment Rights Equalities Update Wednesday 5th December 2007

  11. Further information • TUC/CIPD ‘Managing Age: A guide to good employment practice’ (www.tuc.org.uk) • DWP consultation, ‘Flexible retirement and pension provision’ (www.dwp.gov.uk) • McNair, Flynn & Dutton, ‘Employer responses to an ageing workforce: a qualitative study’ (DWP, 2007) • EOR, ‘Age equality policies: an EOR survey’ (November 2007) Institute of Employment Rights Equalities Update Wednesday 5th December 2007

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