John Burnett, a Director of Mackenzie Jones and specialist in employment law points out the main implications of the new Regulations which came into force on 1st October 2006.

• Harrassment and victimisation are now indefensible under the new Regulations.
• Age discrimination, direct or indirect, can be justified if the evidence exists to support it.
• Retiring an employee below the default retirement age set as 65 will need to be justified by the Employer.
• Retirement of Employees at age 65 will be deemed fair and the Employee has no means of claiming unfair dismissal provided that the statutory procedures are religiously adhered to. These require the Employer to confirm the retirement date between 6 and 12 months in advance and to inform the Employee of their right to request to stay on. The application must be made no later than 3 months before the retirement date.  Once a request is made, the Employer must consider it and meet with the Employee, confirming his decision in writing. There is no obligation to supply reasons for his decision. The Employee can then appeal the decision which the Employer must here and then must again confirm the decision in writing. That is the end of the road for the retired Employee.

If you would like any further advice on the new Regulations or any employment matters please contact John Burnett by email on jjb@macjones.com or by telephone on 01745 852110.