| Statutory Instrument | |
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| Citation | SI 2006/2408 |
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| Text of the Employment Equality (Age) Regulations 2006 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk. | |
The Employment Equality (Age) Regulations 2006 (SI 2006/2408) is a piece of secondary legislation in the United Kingdom, which prohibits employers unreasonably discriminating against employees on grounds of age. It came into force on 1 October 2006. It is now superseded by the Equality Act 2010.
The Regulations follow a very similar structure to existing legislation concerning sex, race, and religion. They provide a broad justification defence and a wide range of exceptions which have been criticised for undermining the concept of discrimination law by providing too many compromises on what would otherwise be unlawful.
Significant issues addressed by the legislation include the provision of a national default retirement age set at 65 (to be retained for at least 5 years) and the ability for employees to request work beyond the retirement age following procedure in schedule 6 of the Regulations.
A legal challenge to the Default Retirement Age ("DRA") brought by the charity Age UK failed in September 2009, with the judge finding that the Regulations did not breach the European Union's Equal Treatment at Work Directive. [1] [2]
The Coalition government announced in July 2010 that it intends to eliminate the DRA from October 2011. [3] Compulsory retirement at age 65 was fully abolished in 2011. [4]
Labour laws, labour code or employment laws are those that mediate the relationship between workers, employing entities, trade unions, and the government. Collective labour law relates to the tripartite relationship between employee, employer, and union.
United Kingdom labour law regulates the relations between workers, employers and trade unions. People at work in the UK have a minimum set of employment rights, from Acts of Parliament, Regulations, common law and equity. This includes the right to a minimum wage of £11.44 for over-23-year-olds from April 2023 under the National Minimum Wage Act 1998. The Working Time Regulations 1998 give the right to 28 days paid holidays, breaks from work, and attempt to limit long working hours. The Employment Rights Act 1996 gives the right to leave for child care, and the right to request flexible working patterns. The Pensions Act 2008 gives the right to be automatically enrolled in a basic occupational pension, whose funds must be protected according to the Pensions Act 1995. Workers must be able to vote for trustees of their occupational pensions under the Pensions Act 2004. In some enterprises, such as universities or NHS foundation trusts, staff can vote for the directors of the organisation. In enterprises with over 50 staff, workers must be negotiated with, with a view to agreement on any contract or workplace organisation changes, major economic developments or difficulties. The UK Corporate Governance Code recommends worker involvement in voting for a listed company's board of directors but does not yet follow international standards in protecting the right to vote in law. Collective bargaining, between democratically organised trade unions and the enterprise's management, has been seen as a "single channel" for individual workers to counteract the employer's abuse of power when it dismisses staff or fix the terms of work. Collective agreements are ultimately backed up by a trade union's right to strike: a fundamental requirement of democratic society in international law. Under the Trade Union and Labour Relations (Consolidation) Act 1992 strike action is protected when it is "in contemplation or furtherance of a trade dispute".
Mandatory retirement also known as forced retirement, enforced retirement or compulsory retirement, is the set age at which people who hold certain jobs or offices are required by industry custom or by law to leave their employment, or retire.
In the United Kingdom, as in other countries, feminism seeks to establish political, social, and economic equality for women. The history of feminism in Britain dates to the very beginnings of feminism itself, as many of the earliest feminist writers and activists—such as Mary Wollstonecraft, Barbara Bodichon, and Lydia Becker—were British.
The Age Discrimination in Employment Act of 1967 is a United States labor law that forbids employment discrimination against anyone, at least 40 years of age, in the United States. In 1967, the bill was signed into law by President Lyndon B. Johnson. The ADEA prevents age discrimination and provides equal employment opportunity under the conditions that were not explicitly covered in Title VII of the Civil Rights Act of 1964. The act also applies to the standards for pensions and benefits provided by employers, and requires that information concerning the needs of older workers be provided to the general public.
The Sex Discrimination Act 1975 was an Act of the Parliament of the United Kingdom which protected men and women from discrimination on the grounds of sex or marital status. The Act concerned employment, training, education, harassment, the provision of goods and services, and the disposal of premises.
Anti-discrimination law or non-discrimination law refers to legislation designed to prevent discrimination against particular groups of people; these groups are often referred to as protected groups or protected classes. Anti-discrimination laws vary by jurisdiction with regard to the types of discrimination that are prohibited, and also the groups that are protected by that legislation. Commonly, these types of legislation are designed to prevent discrimination in employment, housing, education, and other areas of social life, such as public accommodations. Anti-discrimination law may include protections for groups based on sex, age, race, ethnicity, nationality, disability, mental illness or ability, sexual orientation, gender, gender identity/expression, sex characteristics, religion, creed, or individual political opinions.
The Equal Pay Act 1970 was an act of the Parliament of the United Kingdom that prohibited any less favourable treatment between men and women in terms of pay and conditions of employment. The act was proposed by the then Labour government, and was based on the Equal Pay Act of 1963 of the United States. It has now been mostly superseded by part 5, chapter 3 of the Equality Act 2010.
The rights of lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in the United Kingdom of Great Britain and Northern Ireland have developed significantly over time. Today, lesbian, gay and bisexual rights are considered to be advanced by international standards.
United Kingdom employment equality law is a body of law which legislates against prejudice-based actions in the workplace. As an integral part of UK labour law it is unlawful to discriminate against a person because they have one of the "protected characteristics", which are, age, disability, gender reassignment, marriage and civil partnership, race, religion or belief, sex, pregnancy and maternity, and sexual orientation. The primary legislation is the Equality Act 2010, which outlaws discrimination in access to education, public services, private goods and services, transport or premises in addition to employment. This follows three major European Union Directives, and is supplement by other Acts like the Protection from Harassment Act 1997. Furthermore, discrimination on the grounds of work status, as a part-time worker, fixed term employee, agency worker or union membership is banned as a result of a combination of statutory instruments and the Trade Union and Labour Relations (Consolidation) Act 1992, again following European law. Disputes are typically resolved in the workplace in consultation with an employer or trade union, or with advice from a solicitor, ACAS or the Citizens Advice Bureau a claim may be brought in an employment tribunal. The Equality Act 2006 established the Equality and Human Rights Commission, a body designed to strengthen enforcement of equality laws.
Lesbian, gay, bisexual, and transgender (LGBT) rights in the British Crown dependency of the Isle of Man have evolved substantially since the early 2000s. Private and consensual acts of male homosexuality on the island were decriminalised in 1992. LGBTQ rights have been extended and recognised in law since then, such as an equal age of consent (2006), employment protection from discrimination (2006), gender identity recognition (2009), the right to enter into a civil partnership (2011), the right to adopt children (2011) and the right to enter into a civil marriage (2016).
The Equality Act Regulations 2007 was secondary legislation in the United Kingdom, outlawing discrimination in the provision of goods, facilities, services, education and public functions on the grounds of sexual orientation.
The Race Relations Act 1976 was established by the Parliament of the United Kingdom to prevent discrimination on the grounds of race. The scope of the legislation included discrimination on the grounds of race, colour, nationality, ethnic and national origin in the fields of employment, the provision of goods and services, education and public functions.
The Employment Equality Regulations 2003 were secondary legislation in the United Kingdom, which prohibited employers unreasonably discriminating against employees on grounds of sexual orientation, perceived sexual orientation, religion or belief and age.
The Equality Act 2010, often erroneously called the Equalities Act 2010, is an act of Parliament of the United Kingdom passed during the Brown ministry with the primary purpose of consolidating, updating and supplementing the numerous prior Acts and Regulations, that formed the basis of anti-discrimination law in mostly England, Scotland and Wales; some sections also apply to Northern Ireland. These consisted, primarily, of the Equal Pay Act 1970, the Sex Discrimination Act 1975, the Race Relations Act 1976, the Disability Discrimination Act 1995 and three major statutory instruments protecting discrimination in employment on grounds of religion or belief, sexual orientation and age.
The Employment Equality Regulations 2003 is a plank of United Kingdom labour law designed to combat discrimination in relation to people's religion or belief, or absence of religion or belief. They were introduced in order to comply with the European Union Directive 2000/78/EC and complement similar measures on sexuality, age, disability, race and gender discrimination. The EU Directive in turn is similar to legislation passed in the United States.
Equality and diversity is a term used in the United Kingdom to define and champion equality, diversity and human rights as defining values of society. It promotes equality of opportunity for all, giving every individual the chance to achieve their potential, free from prejudice and discrimination.
Ageism is a bias against individuals and groups based on their age, which may take the form of discrimination at all levels against such individuals and groups, up to and including victimization and bullying. The term was coined in 1969 by Robert Neil Butler to describe discrimination against the elderly, patterned on the terminology of sexism and racism. Butler defined ageism as a combination of three connected elements: negative attitudes towards old age and the ageing process, discriminatory practices against older people, and institutional practices and policies that perpetuate stereotypes about elderly people.
Gender inequality is any situation in which people are not treated equally on the basis of gender. In the United Kingdom, some people say women are unequally impacted by economic policies, face different levels of media attention, and face inequality in education and employment, which includes a persistent national gender pay gap. Furthermore, according to numerous sources, there exists a pervasive lad culture which has decreased the ability of women to participate in different parts of society.
The Isle of Man is a Crown Dependency located in the Irish Sea between the islands of Great Britain and Ireland with a population in 2015 estimated to be approximately 88,000. It enjoys a high degree of domestic, legislative and political autonomy through its ancient Parliament Tynwald. By convention, the United Kingdom Government is responsible for the conduct of the international relations and defence of the island. The Isle of Man does not have a written constitution, or a Bill of Rights which sets out its Human Rights. These rights are addressed in the Human Rights Act 2001. The island has also ratified a number of international treaties.
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