LEGAL ADVICE
Age Discrimination
Employers are not allowed to stipulate the required age for a job or tell older employees they do not qualify for training schemes. Age continues to be a barrier to employment with employers too often judging and valuing a candidate's youth over experience. Recruitment must be an objective process that selects the right person for a particular role. However, social stereotyping means that the 'right person' is often perceived to be a young person.
Companies need to be aware of the implications of the legislation on their recruitment. An employer could run into trouble by advertising their company as 'youthful and dynamic'. Examples of discrimination that are outlawed include:
- An employer setting a mandatory retirement age at 60, because they want to attract new blood into the organisation and keep the profile of the workers young.
- Employers stating that they want to recruit a "mature and reliable candidate" and that they will only accept applications from people over 30 years of age.
- Advertising for 'young and energetic' sales people.
For more detailed advice contact your solicitor
Current minimum worker entitlements are as follows:
24 days' paid holiday per year, accrued from day 1 (this currently includes statutory Bank Holidays)
A break of at least 20 minutes during the working day if it exceeds six hours
A rest period between leaving work and returning of 11 hours
One period of 24 hours away from work every seven days
They should not work more than 48 hours in one week. Opting out of Working Time Regulations is permissible but not considered good practice over long periods of time.
They should not work more than 8 hours during the night in every 24 hours on a long-term basis.
What rights do PEOPLE WHO have left school at the age of 16 AND ARE Under 18?
They are covered by the European Young Workers Directive.
They are entitled to the following:
A continuous break of 12 hours every day;
A continuous break of 48 hours (2 days) every week;
They can work 10 days in a row if they have had 2 days rest at the beginning of the first week;
Young workers can work no more than 40 hours a week on average;
Young workers should not work at night.
What should I be doing to ensure health and safety at work?
Every employer has a duty of care responsibility under the Health and Safety at Work Act 1974. He/she must carry out a risk assessment and then take steps to minimize risk if a threat is found. You should also provide your staff with the necessary protective clothing required for use in certain environments and with certain kinds of equipment.
There is specific legislation for the following areas:
Back strain
Stress
Repetitive Strain Injury
Asbestos
Temperature
Noise
Asthma