Discrimination

Age discrimination

The Employment Equality (Age) Regulations 2006 came into force on 1 October 2006.

The regulations prohibit direct discrimination, indirect discrimination, victimisation and harassment on the grounds of age.

Dismissal on the grounds of retirement can be fair provided the employer has observed its statutory duties as laid down in the Act.

Duty to notify

The employer must notify the employee in writing of the date on which it intends to retire the employee.

The notification must be in writing and be given not more than twelve months and not less than six months prior to the intended retirement date.

The intended retirement date can only be on or after the employer’s normal retirement date. If the employer does not have a normal retirement date then the intended retirement date must be on or after the employee’s 65th birthday.

If the employer fails to give the correct notice then a Tribunal can award the employee compensation of up to eight weeks’ pay (capped at a statutory maximum) and declare the dismissal automatically unfair.

The employee has a statutory right to request that the employer does not make him retire, and such request must be made at least three months, but not more than six months, before the intended retirement date.

Duty to Consider

If the employee requests not to be retired then the employer should hold a meeting with the employee to consider the proposal.  The employee has the right to be accompanied at the meeting by a fellow worker or a trade union representative.

Once the meeting has concluded the employer must give the employee notice of its decision within 14 days.

Sex discrimination

Discrimination on the grounds of sex is unlawful by virtue of the Sex Discrimination Act 1975.

This includes discrimination on the grounds of marital or civil partnership status, gender reassignment, or pregnancy.

Race discrimination

It is against the law for a person to discriminate on racial grounds, whether that be race, colour, nationality or ethnic or national origins, religion or belief.

Sexual orientation discrimination

Sexual orientation discrimination is also unlawful. This generally happens when someone is treated less favourably due to their sexual orientation, their perceived sexual orientation, or the sexual orientation of those they associate with.

Disability discrimination

The Disability Discrimination Act 1995 makes it unlawful to discriminate against disabled persons.

A person has a disability if they have a physical or mental impairment which has a substantial and long-term adverse effect on their ability to carry out day-to-day activities.

Whistleblowing

It is unlawful for an employer to subject a worker to a detriment or dismissal for making a “protected disclosure”, for instance that a criminal offence has been or is being committed, that a miscarriage of justice has occurred or that the health or safety of an individual has been or is being endangered.

Such a dismissal will be deemed automatically unfair by a Tribunal.  No qualifying period of employment applies for an employee to be able to bring a claim.