Harassment
and victimisation are also prohibited. There is a default retirement age of 65,
but employers will
be under a duty to consider requests to continue working
beyond the retirement age. It will be possible to set
a retirement age under 65 only if you can objectively justify it. If you do not follow the
correct procedure when retiring employees, the dismissal
will automatically be unfair and give rise to a claim.
If you breach the legislation, you may find your company
facing an employment tribunal claim. Compensation will
be unlimited.
The legislation will affect:
• the language you use in advertising (avoid terms
such as "young", "dynamic", "mature")
• the criteria you use for selection (job applicants
“must be aged between 25-35” will be unlawful;
a requirement for “three years’ industry
experience” may be unlawful, unless this can be
justified objectively)
• the basis on which you offer employee benefits
• the retirement age you can specify
• your ability to prevent staff working beyond
retirement age
• the culture within your workforce - managers
and staff may need training on the benefits of an age
diverse workforce; they will also need to be aware of
the risks to the organisation if they base decisions
on unfair,
age-related stereotypes or make inappropriate and unwanted
jokes at the expense of older (or indeed younger) staff.
Confused? You needn’t be; we can help.
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