http://www.legislation.gov.uk/uksi/2006/1031/contents/made

The Employment Equality (Age) Regulations 2006

EMPLOYMENT AND TRAINING

King's Printer of Acts of Parliament

2016-09-29

EMPLOYMENT AND TRAINING;AGE DISCRIMINATION

These Regulations, which are made under section 2(2) of the European Communities Act 1972 (c. 68), implement (in Great Britain) Council Directive 2000/78/EC of 27th November 2000 establishing a general framework for equal treatment in employment (O.J. L 303, 2.12.2000, p.16) so far as it relates to discrimination on grounds of age. The Regulations make it unlawful to discriminate on grounds of age in employment and vocational training. They prohibit direct discrimination, indirect discrimination, victimisation, instructions to discriminate and harassment.

The Employment Equality (Age) Regulations 2006

Sch. 6

The Employment Equality (Repeal of Retirement Age Provisions) Regulations 2011

reg. 4(1)

reg. 5

reg. 1(1)

The Employment Equality (Age) Regulations 2006

Sch. 8

para. 22-24

The Employment Equality (Repeal of Retirement Age Provisions) Regulations 2011

reg. 4(2)

reg. 5

reg. 1(1)

The Employment Equality (Age) Regulations 2006

Sch. 8

para. 26

The Employment Equality (Repeal of Retirement Age Provisions) Regulations 2011

reg. 4(2)

reg. 5

reg. 1(1)

The Employment Equality (Age) Regulations 2006

Sch. 8

para. 28

The Employment Equality (Repeal of Retirement Age Provisions) Regulations 2011

reg. 4(2)

reg. 5

reg. 1(1)

The Employment Equality (Age) Regulations 2006

specified amended provision(s)

The Equality Act 2010 (Commencement No. 6) Order 2011

art. 2(h)

commencement order for 2010 c. 15

The Employment Equality (Age) Regulations 2006

Regulations

Equality Act 2010

Sch. 27

Pt. 2

s. 6(4)

205

s. 216(3)

art. 2(15)(f)

art. 11(1)

Sch. 3

The Employment Equality (Age) Regulations 2006

specified amended provision(s)

The Equality Act 2010 (Commencement No. 4, Savings, Consequential, Transitional, Transitory and Incidental Provisions and Revocation) Order 2010

art. 2(15)(f)

commencement order for 2010 c. 15

The Employment Equality (Age) Regulations 2006

Sch. 6

para. 1(1)

The Equality Act 2010 (Commencement No. 4, Savings, Consequential, Transitional, Transitory and Incidental Provisions and Revocation) Order 2010

Sch. 8

para. 7

art. 1(2)

The Employment Equality (Age) Regulations 2006

PART 1GENERAL

1Citation, commencement and extent

2Interpretation

3Discrimination on grounds of age

4Discrimination by way of victimisation

5Instructions to discriminate

6Harassment on grounds of age

PART 2DISCRIMINATION IN EMPLOYMENT AND VOCATIONAL TRAINING

7Applicants and employees

8Exception for genuine occupational requirement etc

9Contract workers

10Meaning of employment and contract work at establishment in Great Britain

11Pension schemes

12Office-holders etc

13Police

14Serious Organised Crime Agency

15Barristers

16Advocates

17Partnerships

18Trade organisations

19Qualifications bodies

20The provision of vocational training

21Employment agencies, careers guidance etc

22Assisting persons to obtain employment etc

23Institutions of further and higher education

24Relationships which have come to an end

PART 3OTHER UNLAWFUL ACTS

25Liability of employers and principals

26Aiding unlawful acts

PART 4GENERAL EXCEPTIONS FROM PARTS 2 AND 3

27Exception for statutory authority

28Exception for national security

29Exceptions for positive action

30Exception for retirement

31Exception for the national minimum wage

32Exception for provision of certain benefits based on length of service

33Exception for provision of enhanced redundancy payments to employees

34Exception for provision of life assurance cover to retired workers

PART 5ENFORCEMENT

35Restriction of proceedings for breach of Regulations

36Jurisdiction of employment tribunals

37Burden of proof: employment tribunals

38Remedies on complaints in employment tribunals

39Jurisdiction of county and sheriff courts

40Burden of proof: county and sheriff courts

41Help for persons in obtaining information etc

42Period within which proceedings to be brought

PART 6SUPPLEMENTAL

43Validity of contracts, collective agreements and rules of undertakings

44Application to the Crown etc

45Application to House of Commons staff

46Application to House of Lords staff

47Duty to consider working beyond retirement

48Duty to consider working beyond retirement - transitional provisions

49Amendments, transitionals, repeals and revocations

SCHEDULE 1Norwegian part of the Frigg Gas Field

1The part of the Norwegian sector of the Continental Shelf...

2In this Schedule, the “Dividing Line” means the dividing line...

SCHEDULE 2Pension schemes

Part 1Pension schemes - general

1Interpretation

2Non-discrimination rule

3Exception for rules, practices, actions and decisions relating to occupational pension schemes

4Exception for rules, practices, actions and decisions relating to contributions by employers to personal pension schemes

5Procedure in employment tribunals

6Remedies in employment tribunals

Part 2Excepted rules, practices, actions and decisions relating to occupational pension schemes

7Admission to schemes

8The use of age criteria in actuarial calculations

9Contributions

10Contributions under money purchase arrangements

11Contributions under defined benefits arrangements

13In relation to workers who are active or prospective members...

14An early retirement pivot age or a late retirement pivot...

15The enhancement of any age related benefit in the event...

16Any rule, practice, action or decision whereby a male member...

17The reduction of any pension payable in consequence of a...

18In relation to pensioner members who have retired on ill...

19Other rules, practices, actions and decisions relating to benefit

20Any difference in the amount of any age related benefit...

21Any limitation of the amount of any age related benefit...

22Any rule, practice, action or decision whereby any age related...

23Any limitation on the amount of any age related benefit...

24Any limitation on the amount of any age related benefit...

25Closure of schemes

26Other rules, practices, actions and decisions

27Any difference in the rate of increase of pensions in...

28Any difference in the rate of increase of pensions in...

29The application of an age limit for transfer of the...

30Registered pension schemes

Part 3Excepted rules, practices, actions and decisions relating to contributions by employers to personal pension schemes

31Contributions by employers

32Any difference in the rate of contributions by an employer...

SCHEDULE 3

SCHEDULE 4

SCHEDULE 5Validity of contracts, collective agreements and rules of undertakings

Part 1Validity and revision of contracts

1(1) A term of a contract is void where—

2(1) Paragraph 1(3) does not apply— (a) to a contract...

3(1) On the application of a person interested in a...

Part 2Collective agreements and rules of undertakings

4(1) This Part of this Schedule applies to—

5A person to whom this paragraph applies may present a...

6In the case of a complaint about—

7In the case of a complaint about a rule made...

8(1) When an employment tribunal finds that a complaint presented...

9The avoidance by virtue of paragraph 4(2) of any term...

10In this Schedule “collective agreement” means any agreement relating to...

SCHEDULE 6Duty to consider working beyond retirement

1Interpretation

2Duty of employer to inform employee

3(1) This paragraph applies if the employer has notified the...

4Continuing duty to inform employee

5Statutory right to request not to retire

6An employer’s duty to consider a request

7Meeting to consider request

8Appeals

9Right to be accompanied

10Dismissal before request considered

11Complaint to employment tribunal: failure to comply with paragraph 2

12Complaint to employment tribunal: denial of right to be accompanied

13Detriment and dismissal

SCHEDULE 7Duty to consider working beyond retirement - transitional provisions

1In paragraphs 2 to 6— (a) “the expiry date” means...

2(1) This paragraph applies in a case where—

3(1) This paragraph applies in a case where the employer...

4(1) This paragraph applies in a case where—

5(1) This paragraph applies in a case where—

6In every case to which paragraph 2, 3, 4 or...

SCHEDULE 8Amendments to legislation and related transitional provisions

Part 1Primary legislation

1The Mines and Quarries Act 1954

2(1) In section 42(1) (charge of winding and rope haulage...

3The Parliamentary Commissioner Act 1967

4(1) Section 1 (appointment and tenure of office) is amended...

5(1) Section 3A (appointment of acting Commissioner) is amended in...

6The amendments made to the Parliamentary Commissioner Act 1967 apply...

7The Pilotage Act 1987

8The Social Security Contributions and Benefits Act 1992

9(1) Section 163(1) (interpretation of Part 11 and supplementary provisions)...

10(1) Section 171(1) (interpretation of Part 12 and supplementary provisions)...

11(1) Section 171ZJ (Part 12ZA: supplementary) is amended in accordance...

12(1) Section 171ZS (Part 12ZB: supplementary) is amended in accordance...

13(1) In Schedule 11 omit paragraph 2(a) (period of entitlement...

14The Health Service Commissioners Act 1993

15(1) Schedule 1 (the English Commissioner) is amended in accordance...

16The amendments made to the Health Service Commissioners Act 1993...

17The Statutory Sick Pay Act 1994

18The Employment Tribunals Act 1996

19(1) Section 18(1) (conciliation) is amended in accordance with this...

20(1) Section 21(1) (jurisdiction of Appeal Tribunal) is amended in...

21The Employment Rights Act 1996

22(1) Section 98 (fairness of dismissal: general) is amended as...

23After section 98 insert— Retirement No normal retirement age: dismissal...

24In section 108 (qualifying period of employment) in subsection (3)...

25Omit section 109 (upper age limit on unfair dismissal right)....

26(1) Section 112 (remedies for unfair dismissal: orders and compensation)...

27(1) Section 119 (basic award) is amended as follows.

28(1) Section 120 (basic award: minimum in certain cases) is...

29In section 126(1) (acts which are both unfair dismissal and...

30Section 156 (upper age limit) is repealed.

31Section 158 (pension rights) is repealed.

32(1) Section 162 (amount of a redundancy payment) is amended...

33In relation to any case where the date that is...

34(1) Section 209 (powers to amend Act) is amended as...

35(1) Section 211 (period of continuous employment) is amended in...

36The Employment Act 2002

37The Equality Act 2006

38(1) Section 14(1) (codes of practice) is amended in accordance...

39(1) Section 27(1) (conciliation) is amended in accordance with this...

40(1) Section 33(1) (equality and human rights enactments) is amended...

Part 2Other legislation

41(1) The Coal and Other Mines (Locomotives) Regulations 1956, Schedule...

42(1) The Stratified Ironstone, Shale and Fireclay Mines (Explosives) Regulations...

43(1) The Miscellaneous Mines (Explosives) Regulations 1959 are amended in...

44(1) The Lynemouth Mine (Diesel Vehicles and Storage Battery Vehicles)...

45(1) The South Crofty Mine (Locomotive) Special Regulations 1965 are...

46(1) The Glebe Mine (Locomotives and Diesel Vehicles) Special Regulations...

47(1) The Winsford Rock Salt Mine (Diesel Vehicles and Storage...

48(1) The Thoresby Mine (Cable Reel Load-Haul-Dump Vehicles) Special Regulations...

49The Statutory Sick Pay (General) Regulations 1982 are amended as...

50(1) Regulation 16 (meaning of “employee”) is amended in accordance...

51(1) Regulation 17(2) (meaning of “earnings”) is amended in accordance...

52The Statutory Maternity Pay (General) Regulations 1986 are amended as...

53(1) Regulation 17 (meaning of “employee”) is amended in accordance...

54(1) Regulation 20(2) (Meaning of “earnings”) is amended in accordance...

55(1) The Coal and Other Safety-Lamp Mines (Explosives) Regulations 1993...

56(1) The Employment Tribunals (Interest on Awards In Discrimination Cases)...

57(1) The Employment Protection (Continuity of Employment) Regulations 1996 are...

58(1) The National Minimum Wage Regulations 1999 are amended in...

59The Statutory Paternity Pay and Statutory Adoption Pay (General) Regulations...

60(1) Regulation 32 (Treatment of persons as employees) is amended...

61(1) Regulation 39(2) (Meaning of “earnings”) is amended in accordance...

62(1) Schedule 1A (occupational pension schemes) to the Employment Equality...

63(1) Schedule 1A (occupational pension schemes) to the Employment Equality...

64(1) The Employment Act 2002 (Dispute Resolution) Regulations 2004 are...

SCHEDULE 9Repeals and revocations

2006 No. 1031

EMPLOYMENT AND TRAININGAGE DISCRIMINATION

The Employment Equality (Age) Regulations 2006

Made3rd April 2006

Coming into force1st October 2006

A draft of these Regulations was laid before Parliament in accordance with paragraph 2 of Schedule 2 to the European Communities Act 19721, and was approved by resolution of each House of Parliament;

The Secretary of State, who is a Minister designated for the purposes of section 2(2) of the European Communities Act 1972 in relation to discrimination2, makes the following Regulations in exercise of the powers conferred by section 2(2):—