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By Malcolm Sargeant

Malcolm Sargeant's Age Discrimination in Employment is an encyclopaedic advisor for HR experts and employment legal professionals to the character of age discrimination within the place of work in a couple of international locations, besides a dialogue of the most thrust of employment legislations during this sector, together with an research of the Employment Equality (Age) rules 2006. It additionally breaks discrimination down through age (discrimination opposed to younger, heart, previous and senior age staff) and explores a number of discrimination, together with age and gender, ethnicity, sexual orientation, and incapacity.

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Extra info for Age Discrimination in Employment

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These included practices which may be based upon length of service or experience, such as longer holidays, incremental pay and longservice awards. 35 This was the final statement of views before the publication of the Age Regulations. Generally, the 427 respondents welcomed the proposals to outlaw age discrimination, but there were clearly uncertainties and differences of opinion. This may be partly a result of the Government only consulting on the economic/business case for legislation, rather than any other more fundamental approach.

12 There were some indications that employer representatives and especially human resource professionals favoured legislation. 14 • Legislation would demonstrate society’s disapproval of morally unacceptable behaviour such as the translation of age-related stereotypes about people into decisions which have a deep affect upon people’s lives. • Legislation would empower human resource people and others to influence their colleagues who may not find age discrimination unacceptable. • Legislation would empower older workers.

How would the Government have been able to justify the age of 70 years in some future legal challenge. Why 70, rather than 69 or 71? ) Other proposals in the consultation document were that the age restrictions on making a claim for unfair dismissal should be removed (except of course for the moment when an employee is retired) and that the age-related aspects of the basic award element of unfair dismissal compensation be removed. Perversely the Government also then proposed to keep the 20-year limit on the length of service that counts towards the basic award, thus continuing to discriminate against younger and older people.

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