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Employment Equality (Age) Regulations (Northern Ireland) 2006

Legislation

The main provisions of the Employment Equality (Age) Regulations (Northern Ireland) 2006 (S.R No 261) came into operation on 1 October 2006.
The commencement of the occupational pension provisions in the Age Regulations was deferred from 1 October 2006 until 1 December 2006 by virtue of the Employment Equality (Age) (Amendment) Regulations (Northern Ireland) 2006 (S.R No 395)
The Employment Equality (Age) (Amendment No. 2) Regulations (Northern Ireland 2006 (SR No. 453) make a number of amendments to Schedule 1 to the Age Regulations (provisions relating to occupational pensions) that come into operation on 1 December 2006. The Amendment No2 Regulations are available on the Office of the Public Sector websiteexternal website
The amendments provide clarification of the existing exemptions in Schedule 1 to the Age Regulations.  They also add further specific exemptions to the Schedule so that employers can rely upon these exemptions to continue to include certain age-related rules and practices in their occupational pension schemes.  A press release accompanying the making of the amendment No2 Regulations is available on the Department for Social Development website.  Access the announcement of new age-discrimination pension rules press release of 13 November 2006external website

Scope of Age Regulations

The introduction of the Age Regulations is necessary to implement the age strand of the EU Employment Framework Directive (2000/78/EC) in Northern Ireland.  The Regulations apply to employment and vocational training.  They prohibit unjustified direct and indirect age discrimination, harassment and victimisation on grounds of age, of people of any age, young or old.
The Regulations:
  • prohibit age discrimination in terms of recruitment, promotion and training;
  • set a default retirement age of 65.  Retirement ages below the default retirement age will need to be objectively justified or changed;
  • introduce a new right for employee to request working beyond retirement age and a duty on employers to consider that request;
  • introduce a new requirement on employers to give at least 6 months notice to employees about their intended retirement date;
  • allow pay and non-pay benefits to continue which depend on length of service requirements of 5 years or less or which recognise and reward loyalty and experience;
  • provide exemptions for many age-based rules in occupational pension schemes; and
  • remove the upper age limit for unfair dismissal and redundancy rights, giving older workers the same rights to claim unfair dismissal or receive a redundancy payment as younger workers.

Age discrimination in Northern Ireland Guidance

The Equality Commission for Northern Ireland external website has produced guidance on the new age discrimination legislation.  Age Discrimination in Northern Ireland - A Guide for Employers external website outlines their duties and how to ensure they comply with the law and Age Discrimination in Northern Ireland - A Guide for Workers and Employeesexternal website outlines their rights.  
The following fact sheets are available:

Regulatory Impact Assessment

Access the final Regulatory Impact Assessment on the Age Regulations (PDF 203.59 KB, 74 pages) which assesses the impact of the introducing age discrimination legislation on employers and individuals.

Consultations