Employment Equality (Age) Regulations (Northern Ireland) 2006
What this means for your business
- Applies to
- United Kingdom
- On this page
- 6 compliance obligations, 3 practical guides
What you must do
6 compliance obligations under this legislation.
Management duties 3
Apply transitional rules for working beyond retirement
If you employ people who are older than the statutory retirement age, you must follow the rules in Schedule 6 of the Employment Equality (Age) Regulations (Northern Ireland). This means reviewing and adjusting your employment practices to accommodate those who wish to work beyond retirement.
Do not discriminate by age in awarding or managing qualifications
If your organisation confers professional or trade qualifications you must treat everyone fairly, regardless of age. You cannot refuse, withdraw, change or harass anyone applying for or holding a qualification because of their age.
Follow retirement working procedure for employees
When an employee reaches retirement age, you must follow the steps set out in Schedule 5 of the Regulations to consider whether they can keep working. This means checking the required procedure, discussing options with the employee and keeping a record of the decision.
Payments and fees 1
Pay compensation and take remedial action for age discrimination
If an industrial tribunal decides that your business has discriminated against someone because of age, you must pay any compensation the tribunal orders and carry out the remedial steps it recommends to undo or lessen the effect of that discrimination. Ignoring a tribunal recommendation can lead to the tribunal increasing the compensation amount. Interest may also be added to the award.
Offences and prohibitions 2
Aid unlawful age‑discriminatory act
Unlimited fineIf you knowingly help anyone carry out an act that breaches the Employment Equality (Age) Regulations – for example, assisting an employer to discriminate on the basis of age – you will be treated as if you committed the same unlawful act yourself. It is also an offence to knowingly or recklessly give a false or misleading statement that the act is not unlawful. Conviction in the magistrates' court attracts an unlimited fine.
Make false or misleading statement to an employment agency
Unlimited fineIf you knowingly or recklessly give an employment agency false or misleading information that it relies on – for example, claiming that a certain type of discrimination is lawful when it is not – you commit a criminal offence. On summary conviction in the Magistrates' Court you face an unlimited fine.
Penalties for non-compliance
2 penalties under this legislation. 2 carry an unlimited fine.
Aid unlawful age‑discriminatory act
Unlimited fine
Make false or misleading statement to an employment agency
Unlimited fine
Practical guidance
Our guides explain how to comply with the requirements above.
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Anti-discrimination law in Northern Ireland
Reference guide to Northern Ireland's separate anti-discrimination statutes. NI does not have the Equality Act 2010 -- instead, employers must …
Sections and provisions
61 classified provisions from this legislation.
Duties 5
Powers 5
Definitions 10
- Schedule 1 Pension schemes the 1992 Act the 1993 Act the 1995 Order
- s.2 Interpretation the 1996 Order the Commission Crown employment
- s.3 Discrimination on grounds of age age group
- Schedule 5 Duty to consider working beyond retirement dismissal employee operative date of termination
- s.6 Harassment on grounds of age
- s.11 Meaning of employment and contract work at establishment in Northern Ireland
- s.14 Police Service of Northern Ireland and the Police Service of Northern Ireland Reserve
- s.15 Other police bodies chief officer of police police authority police fund
- s.16 Serious Organised Crime Agency SOCA
- s.17 Barristers pupil
Exemptions 20
- s.4 Discrimination by way of victimisation
- s.7 Applicants and employees
- s.9 Exception for genuine occupational requirement etc.
- s.10 Contract workers
- s.13 Office-holders etc.
- s.18 Partnerships
- s.21 The provision of vocational training
- s.23 Assisting persons to obtain employment etc.
- s.24 Institutions of further and higher education
- s.28 Exception for statutory authority
- s.29 Exception for national security etc
- s.31 Exceptions for positive action
- s.32 Exception for retirement
- s.33 Exception for the national minimum wage
- s.34 Exception for provision of certain benefits based on length of service
- s.35 Exception for provision of enhanced redundancy payments to employees
- s.36 Exception for provision of life assurance cover to retired workers
- s.50 Application to the Crown etc.
- Schedule 4 Validity of contracts, collective agreements and rules of undertaking
- Schedule 6 Duty to consider working beyond retirement – transitional provisions