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| advertising, whirlpool, verbal, milf anal porn , nela, work life, refresher courses, mother and son sex pictures , loopholes, part time job for seniors, fitness, protected, workplace diversity, fifties housewife , apply, sierra wireless inc., | We physically test workers aged over 50 - to ensure that they are 'up to the job'. Will this be OK after 2006? Under the legislation it will not be possible for you to continue to just test only registered nurse people over 50s, unless you can justify the direct discrimination under a legitimate aim. We suggest that you introduce testing for all registered nurse workers. If that would be too costly, you will need to evidence that over 50s registered nurse were more likely to require protection or were at greater risk than younger workers. What will an ET regard as 'appropriate and necessary' in supporting a justification? The Government has indicated that the threshold for both direct and indirect discrimination will be high. |
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| The legislation will not allow you to positively discriminate in favour of one group or another. We currently only receive a few requests from people apply wishing to work past our apply normal retirement age and do make exceptions for some staff, will we have to allow everyone to stay on in future? Under the proposed age laws it is unlikely that you will be able to continue operating on this basis. If you are already allowing staff to apply stay on past their NRA, then you will find it difficult to justify retiring everyone at a set age (or even at a 'default' age set by Government). It is likely that an ET will look to these policy & practice precedents, when considering a case. We suggest that you look carefully at the Government's proposals on retirement but in the meantime review your retirement and pensions policy now and look to remove your set retirement age - perhaps introducing a much more flexible approach to retirement. |
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