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Age Discrimination in Employment by Malcolm Sargeant

By Malcolm Sargeant

Malcolm Sargeant's Age Discrimination in Employment is an encyclopaedic consultant for HR experts and employment attorneys to the character of age discrimination within the place of work in a few international locations, besides a dialogue of the most thrust of employment legislations during this sector, together with an research of the Employment Equality (Age) rules 2006. It additionally breaks discrimination down through age (discrimination opposed to younger, heart, 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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41 Transfer of Undertakings (Protection of Employment) Regulations 1981 42 National Association of Teachers in Further and Higher Education UNITED KINGDOM PERSPECTIVE 43 One of the major objections of the TUC was around the ability of employers to objectively justify continuing discriminatory practices. These were thought to be too wide and that there should be a list of specific exceptions, rather than some ‘sweeping general justification’, which was seen to be the Government taking the ‘lazy option’.

The Code set out some guidelines with respect to six areas: • recruitment – on the basis of skills and abilities needed • selection – on merit based on the application form and performance at interview • promotion – based on ability, or demonstrated potential • training and development – encouraging all employees to take advantage • redundancy – based upon objective job-related criteria • retirement – ensuring fair application. 19 This substantially consisted of a fuller version of the previous draft version from the consultation exercise.

These surveys revealed once again the stereotypical views held by many employers22: Respondents were asked to indicate whether or not the specified attributes applied to older or younger workers, to both or neither. Stability, maturity, reliability, work commitment and good managerial skills were the most frequently stated attributes of older workers, while ambition, IT skills, creativity and a willingness to relocate were attributed to younger workers. Encouragingly, one in three companies were aware of the Code of Practice23, but, of these, only 23 per cent had actually seen a copy.

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