Age Discrimination – Training, Promotion, Dismissal & Redundancy

The Employment Equality (Age) Regulations 2006 affect any business which has employees. As well as banning intentional age discrimination, the regulations cover a number of potential age discrimination situations. All employees and workers of any age are protected from age discrimination, including any business partners your company has, any contract workers you use and anyone placement students, apprentices or trainees you employ. This is a guide to how the legislation affects training, promotion, dismissal and redundancy.

Training

• You must not exclude staff from training or give staff extra training because of their age.
• If you train new staff, you must give older workers who did not receive the training when they joined the opportunity to do the training.
• Training opportunities should be made known to all employees and available to everyone on a fair and equal basis.

Promotion

• Age cannot be an influencing factor when promoting staff. Promotion decisions must be based on the skills, ability and attitude of the mem ber of staff.
• Promotion opportunities should be made known to all employees and available to everyone on a fair and equal basis.

Dismissal

• Age cannot be an influencing factor when dismissing staff. Dismissal decisions must be based on the skills, ability and attitude of the member of staff.
• There is no age limit for unfair dismissal claims.

Redundancy

• There is no lower or upper age limit on statutory redundancy pay, so all staff, even those under 18 or over retirement age (whether 65, lower or higher), are entitled.
• The age-band system still applied when calculating redundancy pay.
• You must make sure any redundancy decisions you make do not discriminate against younger workers due to redundancy costs. For example, younger workers have lower redundancy costs, but you cannot use this as a reason to end their employment over an older worker.
• You must make sure any redundancy decisions you make do not discriminate against older workers, directly or indirectly, except where an age requirement can be objectively justified.
• There is no age limit for unfair redundancy claims.

More information

• Age Discrimination – Recruitment, References, Pay, Benefits & Retirement
• Age Discrimination – Between Employees
• Dismissal – Calculating Redundancy Pay

Downloads

• A Guide for Employers: Age and the Workplace – Putting the Employment Equality (Age) Regulations 2006 into Practice (Acas)