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?
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”?
Retirement will not constitute unfair dismissal if:
(a) it is on or after 65 (or a lower retirement age if justified);
(b) the employer has notified the employee of the retirement at least 6 months in advance;
(c) the employer has subsequently followed the duty-to-consider procedure, and
(d) it is a genuine retirement.
This is a concept of "planned retirement", and an employer must:
- inform the employee in writing of the retirement date - whether the default age, or an earlier objectively justified age - at least 6 months in advance.