Age Discrimination is unlawful under the Employment Equality (Age) Regulations 2006 from 1 October 2006 where there is:

• Direct discrimination which is less favourable treatment on the grounds of the complainant’s age or apparent age which is not a proportionate means of achieving a legitimate aim; thus dirrect age discrimination (unlike other types of discrimination) can be justified;
  

• Indirect discrimination which is where a provision, criterion or practice is applied to persons of all ages but:
  

1. which puts or would put persons of a particular age group at a particular disadvantage when compared to others,
2. which disadvantages the complainant,
3. which is not a proportionate means of achieving a legitimate aim

An example of this might be a requirement that employees pass a physical fitness test which is not actually a necessary requirement of the job. This requirement would place older people at a disadvantage and would not be a proportionate means of achieving a legitimate aim.

Harassment which is where on the grounds of age, there is unwanted conduct that violates a person’s dignity or creates and intimidating, hostile, degrading, humiliating or offensive environment. The conduct will be regarded as harassment if, having regard to all the circumstances, including in particular the complainant’s perception, it should be reasonable considered as having that effect.

Victimisation which is where a worker has been treated less favourably for alleging discrimination, bringing a claim, giving evidence or taking other action under the Regulations.

The Age Regulations protects job applicants, workers and others in relation to: recruitment, employment terms, promotion, training, dismissal or any other disadvantage.  Currently it applies only in employment and vocational training.

There are some important exemptions to the Age Regulations including:

• Benefits related to length of service are not unlawful in specified circumstances.
• Persons aged 65 and over will not be able to complain of age discrimination in relation to job applications or retirement. However, retirement of an employee of 65 or over may, in some circumstances, amount to an unfair dismissal if the correct procedure is not followed. If a person under 65 is retired the employer must be able to justify the decision.
  
  For further information see www.equalityhumanrights.com