LEASE RENEWAL LITIGATION

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AGE DISCRIMINATION CLARE BOOTH CHARITY TEAM AT
RUSSELL-COOKE
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Sources

• Employment Equality (Age) Regulations 2006
• ACAS guidance Age and the Workplace
• DTIs 2003 Consultation Age Matters
• DTI website
• The Irish experience

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Scope

• Employees
• Workers
• Vocational training
• Partners
• Paid office holders

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Direct discrimination

• On grounds of Bs age, A treats B less favourably
  than he treats or would treat other persons
• Cannot justify
• Not materially different circumstances
• Includes Bs apparent age

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Indirect discrimination

• Applies a provision, criterion or practice
  equally but
• - puts Bs age group at particular disadvantage
• - puts B at that disadvantage
• Cannot justify
• Not materially different circumstances
• Meaning of age group?

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Justification

• The treatment or, as the case may be, provision,
  criterion or practice to be a proportionate means
  of achieving a legitimate aim
• Less discriminatory way of achieving the
  legitimate aim?

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Recruitment

• Direct and indirect discrimination
• Arrangements made
• Terms offered
• Refusing to offer or deliberating not offering

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Arrangements
5 years experience Young and dynamic
professional Recent graduates Mature, with
gravitas and board room presence Modern Sociab
le Senior
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During employment

• Terms afforded
• Opportunities for promotion, transfer, training,
  any other benefit
• Refusing or deliberating not affording such
  opportunity
• Dismissing or subjecting to detriment

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Genuine Occupational Requirement

• A GOR can be used to justify
• Direct and indirect
• Recruitment
• - arrangements and offering/not offering
  employment
• During employment
• - opportunities afforded if related to
  promotion, transfer or training
• - dismissal (not detriment)

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Harassment

• On grounds of age
• Engages in unwanted conduct which has purpose or
  effect of
• - violating Bs dignity
• - creating intimidating etc environment
• Perception of employee
• Reasonableness

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Exceptions

• Positive action
• Retirement
• - see later
• National minimum wage
• Higher pension contributions in certain
  circumstances
• Provision of benefits based on length of service
  with conditions
• Life assurance cover to retired workers

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Benefits - length of service

• 5 year plus needs to fulfil a business need
• Enhanced redundancy payments
• - higher multiplier or weeks pay

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Termination of employment

• Retirement potentially fair reason for dismissal
• Dismissal before NRA not retirement
• Retirement at NRA under 65 retirement provided
  procedure followed and justified
• Retirement below 65 where no NRA not retirement
• Retiring at 65 (if NRA or default) retirement and
  fair if procedure followed

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Retirement procedure

• 6 to 12 months before retirement
• - notify employee of
• - date of intended retirement
• - right to request to work beyond
• Continuing duty (up to 14 days before)
• - potentially fair

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Retirement procedure

• Employees request must fulfil the conditions
• Employers duty to consider
• - meeting within reasonable period
• Employer gives written notice of decision
• - conditions
• Failure to notify
• - max 8 weeks pay (plus unfair
  dismissal/discrimination)

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Transitional provisions
Notice before 1 Oct 06 for retirement on or after
1 Oct 06 to 31 March 07 - lesser of contractual
notice and 4 weeks notice of dismissal for
retirement - 1 Oct or as soon as reasonably
practicable thereafter, inform employee of right
to request not to retire - employee request not
to retire 4 weeks before notice expires or if
not reasonably practicable up to 4 weeks after
expiry date - continuing duty to notify - rest
of procedure applies
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Transitional provisions
Notice given on or after 1 Oct 06 for retirement
to 31 March 07 - actual notice/statutory if
greater - on before giving notice inform
employee of right to request not to
retire - employee request 4 weeks before notice
expires or if not reasonably practicable up to
4 weeks after expiry date Continuing duty to
notify - follow rest of procedure
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What to do next

• Contract and policy audit
• Literature review
• Awareness raising/training
• Diarise retirement and notice dates

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• Clare Booth
• Charity Team
• Russell-Cooke Solicitors
• boothc_at_russell-cooke.co.uk
• T 020 8394 6498