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The Employment Equality (Age) Regulations 2006
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- UK Statutory Instruments
- 2006 No. 1031
- PART 2
- Regulation 7
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Changes and effects yet to be applied to Regulation 7:
- Regulations revoked (except Schs. 6, 8) by 2010 c. 15 Sch. 27 Pt. 2 (Regulations revoked except Schs. 6, 8)
Commencement Orders yet to be applied to the The Employment Equality (Age) Regulations 2006
Commencement Orders bringing legislation that affects this Instrument into force:
- S.I. 2010/2317 art. 2(15)(f) commences (2010 c. 15)
- S.I. 2011/1066 art. 2(h) commences (2010 c. 15)
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7.—(1) It is unlawful for an employer, in relation to employment by him at an establishment in Great Britain, to discriminate against a person—
(a)in the arrangements he makes for the purpose of determining to whom he should offer employment;
(b)in the terms on which he offers that person employment; or
(c)by refusing to offer, or deliberately not offering, him employment.
(2) It is unlawful for an employer, in relation to a person whom he employs at an establishment in Great Britain, to discriminate against that person—
(a)in the terms of employment which he affords him;
(b)in the opportunities which he affords him for promotion, a transfer, training, or receiving any other benefit;
(c)by refusing to afford him, or deliberately not affording him, any such opportunity; or
(d)by dismissing him, or subjecting him to any other detriment.
(3) It is unlawful for an employer, in relation to employment by him at an establishment in Great Britain, to subject to harassment a person whom he employs or who has applied to him for employment.
(4) Subject to paragraph (5), paragraph (1)(a) and (c) does not apply in relation to a person—
(a)whose age is greater than the employer's normal retirement age or, if the employer does not have a normal retirement age, the age of 65; or
(b)who would, within a period of six months from the date of his application to the employer, reach the employer's normal retirement age or, if the employer does not have a normal retirement age, the age of 65.
(5) Paragraph (4) only applies to a person to whom, if he was recruited by the employer, regulation 30 (exception for retirement) could apply.
(6) Paragraph (2) does not apply to benefits of any description if the employer is concerned with the provision (for payment or not) of benefits of that description to the public, or to a section of the public which includes the employee in question, unless—
(a)that provision differs in a material respect from the provision of the benefits by the employer to his employees; or
(b)the provision of the benefits to the employee in question is regulated by his contract of employment; or
(c)the benefits relate to training.
(7) In paragraph (2)(d) reference to the dismissal of a person from employment includes reference—
(a)to the termination of that person's employment by the expiration of any period (including a period expiring by reference to an event or circumstance), not being a termination immediately after which the employment is renewed on the same terms; and
(b)to the termination of that person's employment by any act of his (including the giving of notice) in circumstances such that he is entitled to terminate it without notice by reason of the conduct of the employer.
(8) In paragraph (4) “normal retirement age” is an age of 65 or more which meets the requirements of section 98ZH of the 1996 Act M1.
Marginal Citations
M1Section 98ZH of the 1996 Act is inserted into that Act by regulation 49 of, and paragraph 23 of Schedule 8 to, these Regulations.
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