Age discrimination meaning

For trustees and managers of occupational pension schemes: Confirm that the scheme’s provisions, criteria and practices (PCPs) have been examined and reviewed to verify compliance with the non-discrimination rule. Where a PCP seems prima facie discriminatory and appears not to fit an exemption, raise with employer the question of whether an objective justification can be demonstrated. Understand how both courts and tribunals typically assess the objective justification defence in general. Do not treat generalisations or stereotyped assumptions as an adequate answer or satisfactory explanation...

THIS CHECKLIST APPLIES TO OCCUPATIONAL AND PERSONAL PENSION SCHEMES Is there a requirement to consult employees? Confirm if the scheme operates as a trust-based occupational pension arrangement. Determine whether there are 50 or more employees. Establish if the employer is an excluded employer. Ascertain whether the proposal involves a change that triggers consultation. Consider if the change is to comply with statute (eg age discrimination legislation). Evaluate whether the alteration has a lasting impact on members' benefits. If unsure whether consultation is required, consider checking with the Pensions Regulator. Identify whether there are any affected members. If swift action is necessary (eg to avoid the risk of insolvency), contact the Pensions Regulator to request a waiver of the consultation requirement...

Considerations for trustees and managers Confirm the scheme is updated to meet the statutory ban on age discrimination, considering carve‑outs in the Age Exceptions Order, SI 2010/2133. If not already updated, assess whether changes are needed, again having regard to those exceptions. Where a length‑of‑service test disadvantages members with over 5 years’ service, set procedures to obtain the employer’s confirmation that it reasonably appears to serve a business need. Note some exceptions require a rule, practice, action or decision to pursue a specified aim, or allow it only to a defined extent; keep material showing it targets that aim or is limited accordingly. Carefully consider whether proposed alterations to governing or operating rules, practices, actions or decisions would amount to age discrimination. Considerations for employers For occupational and personal schemes, factor in age discrimination and the scope of exceptions when seeking any changes to rules, practices, actions or decisions. Where a length‑of‑service criterion disadvantages a member,...

Fasano v (1) Reckitt Benckiser Group Plc (2) Reckitt Benckiser Health Ltd [2024] EAT 7 What are the practical implications of this judgment? This decision makes plain that EqA 2010, s 109 allows no room for a ‘purposive’ interpretation, even where that leads to the undesirable result that a claimant has no remedy for discriminatory treatment. The EAT affirmed the employment tribunal’s rejection of an indirect age discrimination claim brought by a retired employee who was denied payment under a long-term incentive plan (LTIP) after the employer’s parent company changed the rules to promote staff retention. That said, the EAT found the tribunal’s approach to agency under EqA 2010, s 109 to be perverse and unsustainable. On orthodox common law principles, there was no sound footing for the tribunal’s conclusion that the parent company was acting as the employer’s agent so as to fix the employer with liability...

In this issue: Employment taxes Companies and corporation tax Real estate tax Taxes management and litigation Individuals and income tax Energy and environment Daily and weekly news alerts New and updated content Dates for your diary Trackers Useful information Employment taxes HMRC issues fresh and revised employer guidance on changes affecting non-domiciled individuals. It has released new materials for employers and refreshed various employment-related guidance pages to align with Finance Act 2025 (FA 2025) changes for non-domiciled individuals, effective from 6 April 2025...

The Pensions Minister, Torsten Bell, stated the government had acknowledged the report issued by the Parliamentary and Health Service Ombudsman in March 2024. It concluded that the Department for Work and Pensions did not adequately communicate statutory alterations to the women’s state pension age, leading to significant financial detriment for many people. His remarks came before MPs during a debate on a petition, signed by more than 159,000, urging Whitehall to ‘fairly compensate’ women who were impacted by the alteration to the change. However, the Pensions Minister added that the government does ‘not agree’ with the Ombudsman’s view of injustice, nor with the remedy proposed, which advised creating a compensation programme to address and rectify those historical shortcomings set out in the report itself...

Justification—the ‘justification defence’ This Practice Note explores the concept of justification—often termed the ‘justification defence’—within discrimination under the Equality Act 2010 (EqA 2010). It addresses what may amount to a proportionate means of achieving a legitimate aim. It assesses proportionality in cases of indirect discrimination (EqA 2010, s 19(2)(d)), including where the objective is to prevent discrimination linked to other protected characteristics. It reviews the notion of a provision, criterion or practice (PCP) and considers issues arising in relation to direct and indirect age discrimination (EqA 2010, s 13(2)) and the Heyday case. In doing so, it evaluates objective justification, defence (no discrimination), the burden of proof, the approach a tribunal should adopt, and circumstances where discrimination rights come into conflict. This Practice Note includes references to case law of the Court of Justice of the European Union (CJEU). For guidance on whether judgments of the Court of Justice are binding on UK courts, see Practice Note: Assimilated law—Assimilated case law. Domestic measures enacted to fulfil UK obligations under...

This Practice Note outlines the available resources concerning safeguards and liabilities arising from acts or failures to act that constitute sexual orientation discrimination, or other forms of prohibited conduct linked to sexual orientation. The detail here is intentionally limited, as the principal aim is to point subscribers towards comprehensive materials contained in additional Practice Notes that explore each element in depth. Consequently, treat this Practice Note as an entry point for research; full coverage is provided only in the places signposted below. Its role is to point you forward, not to replace the comprehensive Practice Notes that address each strand of the topic at length, and the links below are where complete information is intended to be consulted and used. The characteristics protected The Equality Act 2010 (EqA 2010) affords protection against discrimination and other prohibited conduct connected to particular listed characteristics a person may have. Some protections apply solely to one such characteristic. Others operate uniformly across all of them, which together are described as ‘the protected...

FORTHCOMING DEVELOPMENT : Section 10 of the Finance Act 2022 will raise the normal minimum pension age (NMPA) from 55 to 57 on 6 April 2028, excluding members of the firefighters, police and armed forces public service pension schemes. The same Act will additionally permit members of registered pension schemes to access benefits before age 57 where, on or before 4 November 2021, either of the following applied: they already held an unqualified right to take benefits from that scheme; or they were part-way through a substantive transfer to a scheme conferring an unqualified right to a protected pension age below 57 on or before 4 November 2021. These conditions preserve access to a protected pension age of under 57 where satisfied by that date. To rely on this new 2028 protection, the scheme’s rules must, as at 11 February 2021, have provided an unqualified right to draw scheme benefits before reaching 57. For more details, see Practice Note: Increasing the normal...

1 Policy statement The Company is committed to advancing equality, diversity and inclusion (EDI). By this we mean: equality: delivering fair treatment and equal opportunity for all employees, workers and job applicants, and eradicating unlawful discrimination; diversity: acknowledging, respecting and valuing the differences in our people’s protected characteristics, backgrounds, skills and experience, and encouraging gender, age and ethnic diversity, alongside diverse physical ability and neurodiversity across our workforce; inclusion: creating a fair, safe workplace for everyone that values difference and enables each person to be themselves, reach their potential and thrive at work. The Company will not unlawfully discriminate against any employee, worker or job applicant on the basis of any protected characteristic recognised by current legislation, namely: age; disability; gender reassignment; marriage or civil partnership status; pregnancy and maternity; race (including colour, nationality and ethnic or national origin); religion or belief; sex; or sexual orientation...

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Equality, diversity and inclusion policy In line with our [ equality policy ], we are wholly dedicated to ensuring equal opportunity for every employee, worker and applicant, and to removing unlawful and unjust discrimination. We seek to foster a workplace that champions and respects diversity, appointing, recognising and advancing colleagues solely on merit. To evaluate the effectiveness of our [ equality, diversity and inclusion policy ], we track all applications and recruitment activities. The answers you give to the questions below will be used exclusively to review how well our policies and procedures function, and to confirm that we do not, even unintentionally, discriminate against staff or potential staff on the grounds of ethnicity, disability, gender, sexual orientation, age or religion or belief. Any details you provide will be treated as strictly confidential, and will not be available to those directly engaged in the selection process for the vacancy listed. Your response will be separated from your application as soon as it is received...