Employment Equality (Age) Regulations 2006 (Amendment) Regulations 2008 – extending the ambit of age discrimination

The Employment Equality (Age) Regulations 2006 (Amendment) Regulations 2008 (the 2008 Regulations) came in force on 6 April 2008. It makes two changes to the Employment Equality (Age) Regulations 2006 (the 2006 Regulations).

·         The scope of Regulation 32 of the 2006 Regulations has been extended to include transfers of government functions affected by legislation. Regulation 32 allows an employer to base certain employment benefits on length of service without thereby indirectly discriminating on the grounds of age. If employees are transferred to a new employer, the new employer can take advantage of Regulation 32 provided the employee’s continuity of employment is preserved by s218 or s155 of the Employment Rights Act 1996. The amendment makes it clear that it also applies to transfers of government functions.

·         The 2008 Regulations bring Regulations 41 and 42 of the 2006 Regulations in line with the Employment Act 2002 (Dispute Resolution) Regulations 2004 (the Dispute Regulations) so that the time limit for submitting a tribunal claim and serving a questionnaire under the Dispute Regulations is now also applied in relation to age discrimination claims brought under the 2006 Regulations.