Constitutional Law

Download Age Discrimination in Employment by Malcolm Sargeant PDF

By Malcolm Sargeant

Malcolm Sargeant's Age Discrimination in Employment is an encyclopaedic advisor for HR experts and employment legal professionals to the character of age discrimination within the place of work in a couple of international locations, besides a dialogue of the most thrust of employment legislation during this zone, together with an research of the Employment Equality (Age) laws 2006. It additionally breaks discrimination down by means of age (discrimination opposed to younger, center, previous and senior age staff) and explores a number of discrimination, together with age and gender, ethnicity, sexual orientation, and incapacity.

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THE CODE OF PRACTICE In November 1998, the Government published a consultation on a Code of Practice for Age Diversity in Employment. It is not at all clear how a proposed code of practice on age discrimination in employment became a draft code of practice on age diversity in employment. It perhaps reflected the Government’s unwillingness to take effective action against the causes of discrimination. Rather, it appeared to be concerned with encouraging employers to realise the advantages of an age-diverse workforce and encouraging those employers to adopt policies that would achieve this.

Employers are to be allowed to make exceptions to facilitate staff planning, so that young people will be able to enter workforces, albeit at the expense of the older worker. Training opportunities can be withheld from older workers because there is not enough time for the employer to gain an adequate return on their investment. How different the approach might have been if one started from a human rights perspective, where each individual has the right not to be discriminated against for reasons connected to group stereotyping.

There was concern about training and promotion opportunities being open to older workers and the encouragement of older workers to leave to make way for others, especially through the redundancy process when older workers, it was suggested, were more likely to be considered first. Perhaps the most interesting part of this consultation was its incompleteness as it did not include a consideration of retirement ages or what happened to workers after normal retirement age. The issue of retirement was raised a lot during the consultation.

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