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The Employment Equality (Age) Regulations 2006

Draft. This instrument was laid in draft and may differ from the one made. Look for the made version under its title.

Draft 2006, ISBN 0110742664

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Draft laid before Parliament under paragraph 2 of Schedule 2 to the European Communities Act 1972 for approval by resolution of each House of Parliament

EMPLOYMENT AND TRAINING

AGE DISCRIMINATION

Made 2006

Coming into force 1st October 2006

A draft of these Regulations was laid before Parliament in accordance with paragraph 2 of Schedule 2 to the European Communities Act 1972f1, and was approved by resolution of each House of Parliament;

The Secretary of State, who is a Minister designated for the purposes of section 2(2) of the European Communities Act 1972 in relation to discriminationf2, makes the following Regulations in exercise of the powers conferred by section 2(2):—

Annotations to the whole text

Footnotes

f1

1972 c. 68.

f2

See the European Communities (Designation) (No. 3) Order 2002 (S.I. 2002/1819).

Contents

  1. Part 1: GENERAL
  2. 1Citation, commencement and extent
  3. 2Interpretation
  4. 3Discrimination on grounds of age
  5. 4Discrimination by way of victimisation
  6. 5Instructions to discriminate
  7. 6Harassment on grounds of age
  8. Part 2: DISCRIMINATION IN EMPLOYMENT AND VOCATIONAL TRAINING
  9. 7Applicants and employees
  10. 8Exception for genuine occupational requirement etc
  11. 9Contract workers
  12. 10Meaning of employment and contract work at establishment in Great Britain
  13. 11Pension schemes
  14. 12Office-holders etc
  15. 13Police
  16. 14Serious Organised Crime Agency
  17. 15Barristers
  18. 16Advocates
  19. 17Partnerships
  20. 18Trade organisations
  21. 19Qualifications bodies
  22. 20The provision of vocational training
  23. 21Employment agencies, careers guidance etc
  24. 22Assisting persons to obtain employment etc
  25. 23Institutions of further and higher education
  26. 24Relationships which have come to an end
  27. Part 3: OTHER UNLAWFUL ACTS
  28. 25Liability of employers and principals
  29. 26Aiding unlawful acts
  30. Part 4: GENERAL EXCEPTIONS FROM PARTS 2 AND 3
  31. 27Exception for statutory authority
  32. 28Exception for national security
  33. 29Exceptions for positive action
  34. 30Exception for retirement
  35. 31Exception for the national minimum wage
  36. 32Exception for provision of certain benefits based on length of service
  37. 33Exception for provision of enhanced redundancy payments to employees
  38. 34Exception for provision of life assurance cover to retired workers
  39. Part 5: ENFORCEMENT
  40. 35Restriction of proceedings for breach of Regulations
  41. 36Jurisdiction of employment tribunals
  42. 37Burden of proof: employment tribunals
  43. 38Remedies on complaints in employment tribunals
  44. 39Jurisdiction of county and sheriff courts
  45. 40Burden of proof: county and sheriff courts
  46. 41Help for persons in obtaining information etc
  47. 42Period within which proceedings to be brought
  48. Part 6: SUPPLEMENTAL
  49. 43Validity of contracts, collective agreements and rules of undertakings
  50. 44Application to the Crown etc
  51. 45Application to House of Commons staff
  52. 46Application to House of Lords staff
  53. 47Duty to consider working beyond retirement
  54. 48Duty to consider working beyond retirement - transitional provisions
  55. 49Amendments, transitionals, repeals and revocations
  56. Signature
  57. Schedule 1: Norwegian part of the Frigg Gas Field
  58. 1Paragraph 1
  59. 2Paragraph 2
  60. Schedule 2: Pension schemes
  61. Part 1: Pension schemes - general
  62. 1Interpretation
  63. 2Non-discrimination rule
  64. 3Exception for rules, practices, actions and decisions relating to occupational pension schemes
  65. 4Exception for rules, practices, actions and decisions relating to contributions by employers to personal pension schemes
  66. 5Procedure in employment tribunals
  67. 6Remedies in employment tribunals
  68. Part 2: Excepted rules, practices, actions and decisions relating to occupational pension schemes
  69. 7Admission to schemes
  70. 8The use of age criteria in actuarial calculations
  71. 9Contributions
  72. 10Contributions under money purchase arrangements
  73. 11Contributions under defined benefits arrangements
  74. 12Age related rules, practices, actions and decisions relating to benefit
  75. 13Age related rules, practices, actions and decisions relating to benefit
  76. 14Age related rules, practices, actions and decisions relating to benefit
  77. 15Age related rules, practices, actions and decisions relating to benefit
  78. 16Age related rules, practices, actions and decisions relating to benefit
  79. 17Age related rules, practices, actions and decisions relating to benefit
  80. 18Age related rules, practices, actions and decisions relating to benefit
  81. 19Other rules, practices, actions and decisions relating to benefit
  82. 20Other rules, practices, actions and decisions relating to benefit
  83. 21Other rules, practices, actions and decisions relating to benefit
  84. 22Other rules, practices, actions and decisions relating to benefit
  85. 23Other rules, practices, actions and decisions relating to benefit
  86. 24Other rules, practices, actions and decisions relating to benefit
  87. 25Closure of schemes
  88. 26Other rules, practices, actions and decisions
  89. 27Other rules, practices, actions and decisions
  90. 28Other rules, practices, actions and decisions
  91. 29Other rules, practices, actions and decisions
  92. 30Registered pension schemes
  93. Part 3: Excepted rules, practices, actions and decisions relating to contributions by employers to personal pension schemes
  94. 31Contributions by employers
  95. 32Contributions by employers
  96. Schedule 3Questionnaire of person aggrieved
  97. Schedule 4Reply by respondent
  98. Schedule 5: Validity of contracts, collective agreements and rules of undertakings
  99. Part 1: Validity and revision of contracts
  100. 1Paragraph 1
  101. 2Paragraph 2
  102. 3Paragraph 3
  103. Part 2: Collective agreements and rules of undertakings
  104. 4Paragraph 4
  105. 5Paragraph 5
  106. 6Paragraph 6
  107. 7Paragraph 7
  108. 8Paragraph 8
  109. 9Paragraph 9
  110. 10Paragraph 10
  111. Schedule 6: Duty to consider working beyond retirement
  112. 1Interpretation
  113. 2Duty of employer to inform employee
  114. 3Duty of employer to inform employee
  115. 4Continuing duty to inform employee
  116. 5Statutory right to request not to retire
  117. 6An employer’s duty to consider a request
  118. 7Meeting to consider request
  119. 8Appeals
  120. 9Right to be accompanied
  121. 10Dismissal before request considered
  122. 11Complaint to employment tribunal: failure to comply with paragraph 2
  123. 12Complaint to employment tribunal: denial of right to be accompanied
  124. 13Detriment and dismissal
  125. Schedule 7: Duty to consider working beyond retirement - transitional provisions
  126. 1Paragraph 1
  127. 2Paragraph 2
  128. 3Paragraph 3
  129. 4Paragraph 4
  130. 5Paragraph 5
  131. 6Paragraph 6
  132. Schedule 8: Amendments to legislation and related transitional provisions
  133. Part 1: Primary legislation
  134. 1The Mines and Quarries Act 1954
  135. 2The Mines and Quarries Act 1954
  136. 3The Parliamentary Commissioner Act 1967
  137. 4The Parliamentary Commissioner Act 1967
  138. 5The Parliamentary Commissioner Act 1967
  139. 6The Parliamentary Commissioner Act 1967
  140. 7The Pilotage Act 1987
  141. 8The Social Security Contributions and Benefits Act 1992
  142. 9The Social Security Contributions and Benefits Act 1992
  143. 10The Social Security Contributions and Benefits Act 1992
  144. 11The Social Security Contributions and Benefits Act 1992
  145. 12The Social Security Contributions and Benefits Act 1992
  146. 13The Social Security Contributions and Benefits Act 1992
  147. 14The Health Service Commissioners Act 1993
  148. 15The Health Service Commissioners Act 1993
  149. 16The Health Service Commissioners Act 1993
  150. 17The Statutory Sick Pay Act 1994
  151. 18The Employment Tribunals Act 1996
  152. 19The Employment Tribunals Act 1996
  153. 20The Employment Tribunals Act 1996
  154. 21The Employment Rights Act 1996
  155. 22The Employment Rights Act 1996
  156. 23The Employment Rights Act 1996
  157. 24The Employment Rights Act 1996
  158. 25The Employment Rights Act 1996
  159. 26The Employment Rights Act 1996
  160. 27The Employment Rights Act 1996
  161. 28The Employment Rights Act 1996
  162. 29The Employment Rights Act 1996
  163. 30The Employment Rights Act 1996
  164. 31The Employment Rights Act 1996
  165. 32The Employment Rights Act 1996
  166. 33The Employment Rights Act 1996
  167. 34The Employment Rights Act 1996
  168. 35The Employment Rights Act 1996
  169. 36The Employment Act 2002
  170. 37The Equality Act 2006
  171. 38The Equality Act 2006
  172. 39The Equality Act 2006
  173. 40The Equality Act 2006
  174. Part 2: Other legislation
  175. 41Paragraph 41
  176. 42Paragraph 42
  177. 43Paragraph 43
  178. 44Paragraph 44
  179. 45Paragraph 45
  180. 46Paragraph 46
  181. 47Paragraph 47
  182. 48Paragraph 48
  183. 49Paragraph 49
  184. 50Paragraph 50
  185. 51Paragraph 51
  186. 52Paragraph 52
  187. 53Paragraph 53
  188. 54Paragraph 54
  189. 55Paragraph 55
  190. 56Paragraph 56
  191. 57Paragraph 57
  192. 58Paragraph 58
  193. 59Paragraph 59
  194. 60Paragraph 60
  195. 61Paragraph 61
  196. 62Paragraph 62
  197. 63Paragraph 63
  198. 64Paragraph 64
  199. Schedule 9Repeals and revocations
  200. Explanatory note