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2 October 2006

NEW REGULATIONS PROHIBIT AGE DISCRIMINATION

Equality Minister David Hanson MP has announced the commencement of new regulations to prohibit age discrimination in employment and vocational training.

The new regulations create important new rights and responsibilities for every employee and business in Northern Ireland.

Speaking at the Equality Commissions headquarters in Belfast the Minister said: "I am delighted to have met with representatives of a wide range of organisations this morning as this significant new addition to anti-discrimination legislation comes into operation.

"Discrimination knows no age barrier and this legislation covers people of all ages. It will have far-reaching consequences and the Equality Commission has a key role to play in working with the business community to help employers fulfil their obligations under the regulations."

The regulations prohibit unjustified direct and indirect age discrimination, and all harassment and victimisation on grounds of age in employment and vocational training. They apply to individuals in work, seeking work or access to training, and to all employers and providers of vocational training (including further and higher education institutions).

The Minister also announced that the occupational pension provisions which form part of the Age Regulations will not now come into operation until 1st December 2006. The decision to defer commencement of the pension's aspect of the Regulations is in response to concerns raised by the pensions industry.

Speaking about the delay, the Minister said: "The additional two-months will give occupational pension schemes more time to adjust to the new age discrimination regulations following a period of significant activity within the pensions sector. "The additional time will be used to consider whether any amendments should be made to the pension provisions in the Age Regulations to provide greater clarity for pension schemes and employers."

NOTES TO EDITORS:

  1. The Employment Equality (Age) Regulations (Northern Ireland) 2006 implement the age strand of the European Employment Directive 2000/78/EC in Northern Ireland. The EC deadline for implementation of the age strand is 2 December 2006.
  2. The main provisions of the Employment Equality (Age) Regulations (Northern Ireland) 2006 came into operation on 1 October 2006.
  3. Article 6.1 of the Directive allows Member States to include exemptions in their national legislation for age discriminatory practices which are objectively justified. Article 6.2 of the Directive also allows exemptions in relation to some aspects of occupational pension schemes.
  4. Schedule 1 to the Age Regulations sets out those age-related aspects of the operation of occupational pension schemes that will continue to be permitted without having to be objectively justified by pension schemes themselves. If a scheme wishes to continue with an age-related practice not covered by the provisions of Schedule 1, it will still be able to do so as long as the scheme itself can objectively justify the practice.
  5. The Office of the First Minister and Deputy First Minister has made Regulations to defer the commencement of the pension's provisions within the Age Regulations. The Regulations are entitled the Employment Equality (Age) (Amendment) Regulations (Northern Ireland) 2006. A copy of the Regulations will appear on the Stationery Office website in due course.
  6. Media enquiries, to OFMDFM Press Office on 028 9052 8648.


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