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News Release from: The Forum of Private Business | Subject: Age Discrimination laws
Edited by the Buildingtalk Editorial
Team on 08 September 2006
FPB warning on Age Discrimination laws
Age Discrimination laws could lead to further increases in claims against firms warns The Forum of Private Business.
The Forum of Private Business (FPB) has warned that with three weeks until new age discrimination laws, there could be further increases in claims against employers The organisation's Chief Executive, Nick Goulding, said that the nature of the new laws means that employers are open to claims from all sides, if they don't revise their practices
This article was originally published on Buildingtalk on 15 Aug 2006 at 8.00am (UK)
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"Anti-discrimination laws on the grounds of gender, race or disability only apply to one group".
"But age discrimination is wide ranging and can apply to both young and old".
"There is a danger many claims could be made".
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The FPB, which represents around 25,000 small and medium-sized businesses in the UK, is calling on its members to ensure that they are aware of just what constitutes age discrimination under the laws which come into force in October.
Martin Edwards is the Head of Employment Law at Mace and Jones, the FPB's employment law advisers.
He says the type of claims that employees could make under the new laws could vary greatly".
""Of course ageist insults could be seen as harassment but misplaced humour about age will also be risky and can apply to young people as well as older employees." 65 is now the default age for retirement and whilst it will be easier to retire someone at 65, prior warning must be given 6 to 12 months before.
Workers can request to carry on working after 65, but there are no sanctions if businesses turn down the request, and the new regulation can't be used to challenge the decision.
There are ways that employers can help introduce the new regulations into the workplace.
It is useful for an employer to have a policy document on age discrimination that can be referred to.
Documentation must be sound, to ensure that the right policies are in place and are being followed by employees.
Mr Edwards says the danger for firms lies in not understanding the new regulations or not dealing thoughtfully with issues that may arise: "Busy employers can fall into the trap of either not being aware of the rules or may not applying them, that is where most problems lie".
"Employers who rely on assumptions rather than facts are taking a risk." Even recruiting could be a legal minefield under age discrimination regulations.
A firm advertising a job and describing the ideal candidate as someone who is 'dynamic and energetic' may have to justify these words.
'Mature' may also be another risky description.
Mr Goulding says revising policies must be a priority for small firms, who cannot afford to leave themselves vulnerable".
"Employers have got to have procedures in place as part of an overall equal opportunities policy".
"However managers must buy into it and procedures must be followed.".
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