The Employment Equality (Age) (Consequential Amendments) Regulations 2007

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations are the fourth set of regulations containing legislative measures necessary for implementing Council Directive 2000/78/EC (which concerns equal treatment in employment) so far as it relates to discrimination on the grounds of age and are made under section 2(2) of the European Communities Act 1972 (c.68).

These Regulations amend the Social Security Contributions and Benefits Act 1992 (“the Social Security Contributions and Benefits Act”), the Employment Rights Act 1986 (“the Employment Rights Act”), the Public Finance and Accountability (Scotland) Act 2000 (“the Public Finance and Accountability (Scotland) Act”), the Statutory Sick Pay (General) Regulations 1982 (“the Statutory Sick Pay Regulations”), the Statutory Maternity Pay (General) Regulations 1986 (“the Statutory Maternity Pay Regulations”), the Statutory Paternity Pay and Statutory Adoption Pay (General) Regulations 2002 (“the Statutory Paternity Pay and Statutory Adoption Pay Regulations”), the Employment Act 2002 (Dispute Resolution) Regulations 2004 (“the Dispute Resolution Regulations”) and the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004 (“the Employment Tribunal Rules of Procedure Regulations.”)

Regulation 2 amends the provisions of Schedule 11 to the Social Security Contributions and Benefits Act and provides that entitlement to Statutory Sick Pay will in certain cases not be prevented from arising for employees who are over pensionable age and not entitled to incapacity benefit.

Regulation 3 amends section 105 of the Employment Rights Act, so that dismissal for exercising, or seeking to exercise, the right to be accompanied, or to accompany another, at a meeting under Schedule 6, paragraph 9 of the Employment Equality (Age) Regulations 2006, will be unfair.

Regulation 4 removes the provision from the Public Finance and Accountability (Scotland) Act 2000 which provides that the Scottish Auditor General must retire at age 65.

Regulation 5(2) amends regulation 3 of the Statutory Sick Pay Regulations in consequence of the amendment of Schedule 11 to the Social Security Contributions and Benefits Act made by regulation 2 of these Regulations.

Regulations 5(3), 6 and 7 amend regulation 16 of the Statutory Sick Pay Regulations, regulation 17 of the Statutory Maternity Pay Regulations and regulation 32 of the Statutory Paternity Pay and Statutory Adoption Pay Regulations respectively to clarify the circumstances in which those under the age of 16 may or may not, be treated as if they had been employed earners.

Regulation 8 amends the Dispute Resolution Regulations, so that a complaint under the Employment Equality (Age) Regulations 2006 is treated in the same way as complaints under other discrimination legislation in respect of the provisions of regulation 7 and regulation 14 of the Dispute Resolution Regulations.

Regulation 9 amends the Employment Tribunal Rules of Procedure Regulations, so that cases of age discrimination are be treated in the same way as cases involving other discrimination legislation in respect of the requirement for a fixed 13 week fixed conciliation period.

A full regulatory impact assessment has not been produced for this instrument as no additional impact on the private or voluntary sectors is foreseen.