Statutory Instruments
Employment And Training
Age Discrimination
Made
2nd March 2008
Laid before Parliament
6th March 2008
Coming into force
6th April 2008
1. These Regulations may be cited as the Employment Equality (Age) Regulations 2006 (Amendment) Regulations 2008 and shall come into force on 6th April 2008.
2. The Employment Equality (Age) Regulations 2006(3) are amended in accordance with regulations 3 to 5.
3. In regulation 32 (Exception for provision of certain benefits based on length of service)—
(a)at the end of paragraph (5)(a) omit “or”;
(b)after paragraph 5(b) add “or, (c) in any case to which sub-paragraph (a) or (b) does not apply, that period is treated as a period of employment with A by or under an enactment pursuant to which his employment was transferred to A.”;
(c)in paragraph (7) after “work for A;” insert ““enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament.”.
4. In regulation 41 (Help for persons obtaining information etc) for paragraph (4)(a) substitute—
“(a)where it was served before a complaint had been presented to a tribunal, if it was so served—
(i)within the period of three months beginning when the act complained of was done; or
(ii)where regulation 42(1A) applies, within the extended period;”.
5. In regulation 42 (Period within which proceedings are to be brought) after paragraph (1) insert—
“(1A) Where the period within which a complaint must be presented in accordance with paragraph (1) is extended by regulation 15 of the Employment Act 2002 (Dispute Resolution) Regulations 2004(4), the period within which the complaint must be presented shall be the extended period rather than the period in paragraph (1).”.
Pat McFadden
Minister of State for Employment Relations and Postal Affairs
Department for Business, Enterprise & Regulatory Reform
2nd March 2008
(This note is not part of the Regulations)
These Regulations, which are made under section 2(2) of the European Communities Act 1972 (c.68), are the fifth set of regulations which implement (in Great Britain) Council Directive 2000/78/EC of 27th November 2000 establishing a general framework for equal treatment in employment (OJL 303, 2.12.2000, p.16) so far as it relates to discrimination on grounds of age. The Regulations amend the Employment Equality (Age) Regulations 2006 (SI 2006/1031). Regulation 3 takes account of statutory transfer schemes in relation to the exception for provision of certain benefits based on length of service. Regulations 4 and 5 respectively amend the provision that an employee may serve a questionnaire on his employer, and the provision which stipulates the period in which proceedings are to be brought, to take account of the Employment Act 2002 (Dispute Resolution) Regulations 2004.