Frequently Asked Questions: Equality and diversity
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Equality and diversity FAQs
Q: Age Regulations - When did the Age Regulations come into force?
Q: Age Regulations - Who do the regulations apply to?
Q: Age Regulations - What do the Regulations cover?
Q: Age Regulations - Will the Regulations cover Genuine Occupational Requirements?
Q: Age Regulations - Will I have to employ someone aged 65 or over?
Q: Age Regulations - Is there still a default retirement age?
Q: Age Regulations - Can I automatically retire someone at age 65?
Q: Age Regulations - What is this Duty-to-consider that I have heard about?
Q: Age Regulations - Will we be able to continue with service related benefits?
Length of service is often used as a criterion for pay and non-pay benefits such as staff discounts or extra holiday entitlement. It is the Government's intention to allow these to continue. Thus they allow two exemptions and a general provision covering the use of length of service.
Specific Exemptions
- Any length of service requirement of 5 years or less (counting both continuous and non-continuous) will be able to continue.
- Length of service requirements that mirror a similar requirement in a statutory benefit will be able to continue.
General Provision
There will be a general provision covering length of service longer than 5 years. To rely on this exemption the employer must:
- award the benefit to reward loyalty, or to encourage motivation, or to recognise the experience of the employee; and
- conclude that there will be a business benefit resulting from the higher level of experience of staff or from rewarding staff loyalty or increasing or maintaining staff motivation; and
- apply the length of service criterion similarly to staff in similar situations.
NB: Threshold of proof here is very low.
Q: Age Regulations - What is the “objective justification” test?
Q: Age Regulations - Will the National Minimum Wage remain?
Q: Age Regulations - Will these Regulations have an impact on our Occupational Pension?
Q: Age Regulations - Can direct discrimination be justified?
Q: Age Regulations - What is “planned retirement”?