Key Changes To The Employment Equality (Age) Regulations 2006

The final version of the Age Regulations were published by the government in March. This note focuses on the key changes between the draft Regulations and the final version: it assumes a working knowledge of the draft.

Both direct and indirect forms of age discrimination are potentially objectively justifiable under the Regulations. The test for objective justification is twofold: firstly can the employer put forward a ‘legitimate aim’ and secondly can they show that it proportionate or that the particular circumstances of their case that make the age discriminatory practice appropriate and necessary? The government previously specified ‘legitimate aims’ that could be used by employers, but they have now withdrawn these so that the door is open for employers to put forward their own legitimate aims. It is likely however that the sorts of legitimate aims that have been discussed in consultation such as ‘health and safety’ or ensuring a return on investment for