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Your new rights
What does the new law cover?
The different types of age discrimination
When is age discrimination allowed?
How does the law apply to you?
How do I enforce my rights?
Getting help
The new law covers age discrimination in most aspects of employment, such as applying for a job, being considered for training or promotion, being made redundant and being dismissed. It also covers most training courses.
Recruitment
With the new regulations, employers will generally not be allowed to refuse to hire someone because of their age. But there is an exception to this rule if the
applicant is over, or six months away from, age 65, or the employer’s normal retirement age, if this is higher. See page 20 for more. Employers can also
set age requirements for a job if there is a genuine occupational
requirement or they can otherwise justify doing so.
Redundancy
If employees over 65 are made redundant, they will now be entitled to statutory redundancy pay. It will also be unlawful for employers to use age as a factor when selecting people for redundancy (unless the employer can justify this). See page 24 for more.
Unfair dismissal
The removal of the statutory upper age limit means that employees over the age of 65 will now be able to challenge for unfair dismissal. See page 25 for more.
Statutory sick pay
eople who are still working after the age of 65 will now be entitled to statutory sick pay for up to 28 weeks, in the same way as other employees are.
What areas won’t be covered?
Retirement
If your employer tries to force you to retire under the age of 65 (or their normal retirement age if higher), you can claim for age discrimination and unfair
dismissal. And employees over 65 have the right to request to carry
on working. See page 25 for more.
Training
If you’re in training which provides you with skills relevant to work –
whether you’re employed or not – you’ll be able to take action if you’re discriminated against because of your age.
Education
If you’re in further education, higher education (including universities) or any other education programme which provides you with skills relevant to work, you are covered by the legislation. However, school age education is outside the scope of the law.
Volunteers
Volunteers won’t have protection from discrimination. Unpaid work will be covered if it’s undertaken as part of a training course. Unpaid office holders will have protection, but only if they are government appointed, for example magistrates.
The provision of goods and services
The law doesn’t apply to the provision of goods and services. This means that it will still be lawful for insurance companies and health care providers, for example, to discriminate on the grounds of age.
Who has rights under the new law?
Under the new law, these people have rights in employment:
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employees
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self-employed people
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office holders (for example, company directors, clergy)
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contract and agency workers
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job applicants
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former employees
Under the new law, these people have rights in education:
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people applying for adult, further or higher education, or training
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students in adult, further or higher education, or training
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former students in adult, further or higher education, or training
Under the new law, these people have rights in other areas:
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people using careerguidance services
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people applying for a professional qualification
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members of trade unions or professional associations
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members of occupational pension funds
Your new rights
What does the new law cover?
The different types of age discrimination
When is age discrimination allowed?
How does the law apply to you?
How do I enforce my rights?
Getting help
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