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 few nations, besides a dialogue of the most thrust of employment legislations during this zone, together with an research of the Employment Equality (Age) laws 2006. It additionally breaks discrimination down by way of age (discrimination opposed to younger, center, outdated and senior age staff) and explores a number of discrimination, together with age and gender, ethnicity, sexual orientation, and incapacity.
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Additional info for Age Discrimination in Employment
It does seem an odd reﬂection upon later Government consultations where the views of employers result in having an important effect upon decisions concerning the Age Regulations, for example given this report’s conclusions about employers’ views and given the fact that the majority of private sector employers do not employ people over the age of 60 years it does seem odd that it is the employers’ views about the need to keep a mandatory retirement age that have prevailed (see below). The report then recommended more positive action by the Government and also considered the issue of voluntarism or legislation.
A number of organisations responded by connecting the upper age limit to issues of retirement. If there were no mandatory retirement age, then it would be more difﬁcult to justify having an upper age limit on recruitment. 7 per cent) of respondents were in favour of a justiﬁcation defence for basing some pay and beneﬁts on length of service or experience, even though it might amount to direct discrimination. It is self-evident that if you set the agenda in a certain context, then the responses to a consultation such as this will be within that context.
VOLUNTARISM V STATUTE The issue of whether to introduce legislation or continue on a voluntarist route was considered as part of the consultation. Arguments put forward in favour of legislation included: • social change would only take place against a background of antidiscrimination legislation; • research indicated that both managers and employees favoured legislation; • legislation in other countries was effective. The majority of calls for legislation, according to the consultation report, were for a far wider piece of legislation that included more than just employment.