Ageism. Law Change.

Discussion in 'Royal Signals' started by COMMSRUS, Sep 28, 2006.

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  1. Next week the Law changes and it becomes illegal to discriminate against anyone because of thier age.

    This means that you cannot deny promaotion to a person who is too old.

    With the MCM Divs clearly showing ideal promotion zones and non elligibility zones what will happen???

    The promotion policy clearly states that promotion is gained due to the potential of the person against experience. This is caveated against a return of service, determined by age.

    Is this illegal?

    See the bbc web site for more.

    http://news.bbc.co.uk/2/hi/business/5371218.stm

    Sorry if this has been done to death already!!!
     
  2. Sorry fella but I imagine this element will be brought in for the forces:

    But there are get-out clauses. If the employer can 'objectively show' a sound business reason for discrimination then it may be permitted.
     
  3. The law regarding age discrimination which comes into effect on 1 October 2006 is governed by the Employment Equality (Age) Regulations 2006.

    Those Regulations are here:

    http://www.opsi.gov.uk/si/si2006/draft/20064266.htm#44

    This is a statutory instrument which gives effect to the European Directive which is the governing instrument requiring the Member States of the EU to harmonise it's laws in accordance with the terms of the Directive relating to age discrimination and incorporated into our domestic law by virtue of the European Communities Act 1972.

    Regulation 44(4) of the EE(A)R 2006 exempts members of the Regular Armed Forces and Reserves from any of it's provisions.

    In other words, from 1 October 2006 nothing will change at all as far as the Armed Forces are concerned.

    I hope this helps.

    Regards and best wishes
     
  4. Promotion and the like are now based on Time Served too, as opposed to Age.
     
  5. And all the old codgers have to do their personal fitness test as per the 'under 30s' times! :eek:
     
  6. Just because you've been on a fitness kick lately!
     
  7. Someone's got to get greens on that monstrous MATT tracker! :D
    (private joke)
     
  8. Won't belong before somebody challenges it. Even though the MoD has an exclusion clause..... Remember the WRAC and Pregnant women ......... :oops:
     
  9. I remember the case of the pregnant servicewomen. I was a case brought before the European Court of Human Rights who found Britain in breach of Article 8 of the Convention - The right to respect from private and family life. However, that was a case under European Human Rights Law which arose out of our membership of the Coucil of Europe and we signed the convention in 1954.

    European law is a wholly different form of law which has nothing whatever to do wth the European Court of Human Rights. EU Law is completely different. It arises out of our membership of the EU which we joined in 1973 binding us to the 1958 Treaty of Rome (as amended) tying us to the institutions of the Union and subjecting us to the jurisprudence of the European Court of Justice - a completely different court and a completely different set of laws.

    It is EU law which deals with the issue of equal treatment which includes the right against age discriminaton. Britain, along with the rest of the EU may be allowed to derogate from the requirement to subject it's armed forces from it's provisions and Britain has, in fact done so which is why the new law does not apply to the regular armed forces.

    Regards and best wishes
     
  10. Iolis - do you know what the other European Armed Forces have in place regarding maximum working age for the Officers/Other Ranks? Are we the only ones to cap useful working lives differently between the 3 Services and between Rank and Other Ranks/Rates?
     
  11. Apart from the honourable exception of (I think) SOinCs PD 6, which states that you will not be considered for promotion to WO1 after your 42nd birthday :wink: