Chapter 1 The European and Domestic Background to The Regulations = 1
The European Background = 1
The Purpose of The Directive: The 'principle of Equal Treatment' = 4
The Concept of Discrimination = 5
The Scope of The Protection = 6
Permissible Differences in Treatment = 6
The Domestic Background = 11
The Effect Upon Other Legislation = 12
Chapter 2 The Concept of Age Discrimination = 15
Regulation 3: Discrimination on The Grounds of Age = 15
Direct Discrimination = 15
Indirect Discrimination = 17
Defence of Justification = 18
Regulation 4: Victimisation = 21
Regulation 5: Instructions to Discriminate = 22
Regulation 6: Harassment = 22
Chapter 3 Discrimination in Employment = 25
Applicants and Employees = 25
Employment = 25
Establishment in Great Britain = 25
Recruitment and Selection = 26
Employment Opportunities and Benefits = 30
Dismissal Or Detriment = 31
Harassment = 31
Genuine Occupational Requirement = 31
Contract Workers = 32
Definitions = 32
Unlawful Acts = 32
Pension Schemes = 33
Office Holders = 33
Definitions = 33
Unlawful Acts = 34
Police = 36
Serious Organised Crime Agency = 37
Barristers = 37
Advocates = 38
Partnerships = 38
Unlawful Acts = 38
Trade Organisations = 39
Trade Organisations = 39
Unlawful Acts = 40
Qualifications Bodies = 40
Employment Agencies and Careers Guidance = 41
The Armed Forces = 41
Assisting Persons to Obtain Employment = 41
Relationships Which Have Come to An End = 41
General Exceptions from Part 2 = 42
Exception for National Security = 42
Exception for Positive Action = 42
Chapter 4 Retirement and Dismissal = 45
Background = 45
The Default Retirement Age = 46
Regulation 30 ? Exception for Retirement = 47
Justifying a Default Retirement Age = 47
The Duty to Consider Working Beyond Retirement (reg 48. Sch 6) = 51
The Duty to Inform The Employee = 51
Failure to Comply With Duty to Inform = 53
The Employee's Request = 53
The Duty to Consider The Request = 54
The Employer's Response = 55
The Appeal = 56
Transitional Provisions = 57
Dismissal for Retirement = 58
Circumstances Where Retirement Will Be The Only Reason for Dismissal = 60
Circumstances Where Retirement Cannot Be The Reason for Dismissal = 60
Circumstances Where The Tribunal Must Determine The Reason = 63
Other Amendments to The Unfair Dismissal Legislation = 64
Chapter 5 Pay and Non-pay Benefits = 65
National Minimum Wage = 65
Provision of Benefits Based on Length of Service = 66
Providing Benefits = 68
Definitions = 69
Pay = 70
Redundancy = 71
Exception for Provision of Enhanced Redundancy Payments to Employees = 71
Provision of Life Assurance Cover to Retired Workers = 74
Chapter 6 Education and Vocational Training = 75
The Provision of Vocational Training = 75
Institutions of Further and Higher Education = 77
Remedies = 79
Chapter 7 Pensions = 81
Introduction = 81
Impact of The Age Regulations on Occupational Pension Schemes = 81
Overview of The Pensions Aspects of The Age Regulations = 81
Application to Trustees and Managers of Occupational Pension Schemes: Reg 11 = 81
Detailed Provisions: Sch 2 = 82
Pension Schemes ? General: Part 1 of Sch 2 = 83
Definitions = 83
Non-discrimination Rule = 84
Exceptions: Paras 3 and 4 = 85
Procedure in Employment Tribunals and Remedies = 85
Excepted Rules, Practices, Actions and Decisions Relating to Occupational Pension Schemes: Part 2 of Sch 2 = 87
Admission to Schemes = 87
The Use of Age Criteria in Actuarial Calculations = 87
Contributions = 88
Contributions Under Money Purchase Arrangements = 89
Contributions Under Defined Benefits Arrangements = 90
Age Related Rules, Practices, Actions and Decisions Relating to Benefit = 90
Other Rules, Practices, Actions and Decisions Relating to Benefit = 94
Closure of Schemes = 96
Other Rules, Practices, Actions and Decisions = 96
Registered Pension Schemes = 97
Personal Pension Schemes: Part 3 of Sch 2 = 97
Contributions to Personal Pension Schemes = 97
Objective Justification and Reg 32 = 98
Trustee Issues = 98
Appendix: Occupational Pension Schemes ? Broad Overview of Exemptions = 99
Chapter 8 Liabilities and Remedies = 101
Liability = 101
Liability of Employers = 101
Liability of Principals = 102
Aiding Unlawful Acts = 102
Claims in The Employment Tribunal = 103
Employment Tribunal Proceedings = 103
Remedies = 111
Proceedings in The County Or Sheriff Court = 113
Appendix 1 The Employment Equality (age) Regulations 2006 = 115
Appendix 2 Acas: a Guide for Employers = 201
Index = 245
The European Background = 1
The Purpose of The Directive: The 'principle of Equal Treatment' = 4
The Concept of Discrimination = 5
The Scope of The Protection = 6
Permissible Differences in Treatment = 6
The Domestic Background = 11
The Effect Upon Other Legislation = 12
Chapter 2 The Concept of Age Discrimination = 15
Regulation 3: Discrimination on The Grounds of Age = 15
Direct Discrimination = 15
Indirect Discrimination = 17
Defence of Justification = 18
Regulation 4: Victimisation = 21
Regulation 5: Instructions to Discriminate = 22
Regulation 6: Harassment = 22
Chapter 3 Discrimination in Employment = 25
Applicants and Employees = 25
Employment = 25
Establishment in Great Britain = 25
Recruitment and Selection = 26
Employment Opportunities and Benefits = 30
Dismissal Or Detriment = 31
Harassment = 31
Genuine Occupational Requirement = 31
Contract Workers = 32
Definitions = 32
Unlawful Acts = 32
Pension Schemes = 33
Office Holders = 33
Definitions = 33
Unlawful Acts = 34
Police = 36
Serious Organised Crime Agency = 37
Barristers = 37
Advocates = 38
Partnerships = 38
Unlawful Acts = 38
Trade Organisations = 39
Trade Organisations = 39
Unlawful Acts = 40
Qualifications Bodies = 40
Employment Agencies and Careers Guidance = 41
The Armed Forces = 41
Assisting Persons to Obtain Employment = 41
Relationships Which Have Come to An End = 41
General Exceptions from Part 2 = 42
Exception for National Security = 42
Exception for Positive Action = 42
Chapter 4 Retirement and Dismissal = 45
Background = 45
The Default Retirement Age = 46
Regulation 30 ? Exception for Retirement = 47
Justifying a Default Retirement Age = 47
The Duty to Consider Working Beyond Retirement (reg 48. Sch 6) = 51
The Duty to Inform The Employee = 51
Failure to Comply With Duty to Inform = 53
The Employee's Request = 53
The Duty to Consider The Request = 54
The Employer's Response = 55
The Appeal = 56
Transitional Provisions = 57
Dismissal for Retirement = 58
Circumstances Where Retirement Will Be The Only Reason for Dismissal = 60
Circumstances Where Retirement Cannot Be The Reason for Dismissal = 60
Circumstances Where The Tribunal Must Determine The Reason = 63
Other Amendments to The Unfair Dismissal Legislation = 64
Chapter 5 Pay and Non-pay Benefits = 65
National Minimum Wage = 65
Provision of Benefits Based on Length of Service = 66
Providing Benefits = 68
Definitions = 69
Pay = 70
Redundancy = 71
Exception for Provision of Enhanced Redundancy Payments to Employees = 71
Provision of Life Assurance Cover to Retired Workers = 74
Chapter 6 Education and Vocational Training = 75
The Provision of Vocational Training = 75
Institutions of Further and Higher Education = 77
Remedies = 79
Chapter 7 Pensions = 81
Introduction = 81
Impact of The Age Regulations on Occupational Pension Schemes = 81
Overview of The Pensions Aspects of The Age Regulations = 81
Application to Trustees and Managers of Occupational Pension Schemes: Reg 11 = 81
Detailed Provisions: Sch 2 = 82
Pension Schemes ? General: Part 1 of Sch 2 = 83
Definitions = 83
Non-discrimination Rule = 84
Exceptions: Paras 3 and 4 = 85
Procedure in Employment Tribunals and Remedies = 85
Excepted Rules, Practices, Actions and Decisions Relating to Occupational Pension Schemes: Part 2 of Sch 2 = 87
Admission to Schemes = 87
The Use of Age Criteria in Actuarial Calculations = 87
Contributions = 88
Contributions Under Money Purchase Arrangements = 89
Contributions Under Defined Benefits Arrangements = 90
Age Related Rules, Practices, Actions and Decisions Relating to Benefit = 90
Other Rules, Practices, Actions and Decisions Relating to Benefit = 94
Closure of Schemes = 96
Other Rules, Practices, Actions and Decisions = 96
Registered Pension Schemes = 97
Personal Pension Schemes: Part 3 of Sch 2 = 97
Contributions to Personal Pension Schemes = 97
Objective Justification and Reg 32 = 98
Trustee Issues = 98
Appendix: Occupational Pension Schemes ? Broad Overview of Exemptions = 99
Chapter 8 Liabilities and Remedies = 101
Liability = 101
Liability of Employers = 101
Liability of Principals = 102
Aiding Unlawful Acts = 102
Claims in The Employment Tribunal = 103
Employment Tribunal Proceedings = 103
Remedies = 111
Proceedings in The County Or Sheriff Court = 113
Appendix 1 The Employment Equality (age) Regulations 2006 = 115
Appendix 2 Acas: a Guide for Employers = 201
Index = 245