By Malcolm Sargeant
Malcolm Sargeant's Age Discrimination in Employment is an encyclopaedic consultant for HR experts and employment attorneys to the character of age discrimination within the office in a few international locations, in addition to a dialogue of the most thrust of employment legislation during this zone, together with an research of the Employment Equality (Age) rules 2006. It additionally breaks discrimination down via age (discrimination opposed to younger, heart, outdated and senior age staff) and explores a number of discrimination, together with age and gender, ethnicity, sexual orientation, and incapacity.
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Extra resources for Age Discrimination in Employment
13 per According to the consultation report, there were a number of contrasting views about how far the Government should go in implementing the legislation: • the ‘age lobby’ wanted legislation to cover other areas apart from employment; • ‘age and other equality organisations’ were concerned that implementing the Directive by secondary legislation, rather than statute, would undermine the authority of the Directive; • the 2006 deadline for implementation was too far away; • ‘business’ was concerned about the legislation undermining workforce planning and succession management; • ‘small businesses’ were concerned about potential costs and how they would get support and advice; • trade unions needed time to review collective agreements; • professional bodies were concerned about the effects on their own activities – there might be implications for providers of group life assurance, income protection and so on.
The document also discussed issues around the retirement age, which are further discussed in Chapter 5. A majority of respondents37 were in favour of a default retirement age, although almost two-thirds were against having that age set at 70. 4 per cent of respondent employers opposed a higher default age. 39 Almost three-quarters of respondents were in favour of allowing employers to apply an upper age limit to recruitment if they could justify doing so by reference to aims set out in the legislation.
31 Op. 26 Handley (1993); the speech was by Professor Warr of Shefﬁeld University This speech was made before the adoption of the Disability Discrimination Act 1995 28 A G E D I S C R I M I N AT I O N considering the practical aspects of the 2006 Age Regulations, for example in the opposition of employer organisations to the abolition of the mandatory retirement as expressed in the 2003 consultation (see below). The Institute of Directors welcomed the Government’s decision at the time not to introduce legislation and believed that such legislation would entail an unwarranted restriction on an employer’s right to organise their business.
Age Discrimination in Employment by Malcolm Sargeant