Age Discrimination: Quick Quiz

From 1 September 2016, Jersey has increased the protected characteristics covered by its discrimination law to include age. How much do you know about the new protections that have come into force? Take our quick quiz to test your knowledge.

True or false?

1. The new law prohibits discrimination against all ages.
2. Under our new law, acts of age discrimination committed outside of Jersey are not covered.
3. Complaints of age discrimination are evenly spread across all age groups.
4. Job advertisements which stipulate a particular age for the job are now a thing of the past.
5. State pension age in Jersey will stay at 65 until 2031 when it will increase to 67 for everyone.
6. 50% of Jersey adults say they will need to work beyond pensionable age.
7. You cannot claim age discrimination for retirement once you reach your employer’s normal retirement age.
8. Generally, you cannot claim unfair dismissal once you reach your employer’s normal retirement age.
9. All employers will need to abolish their normal retirement age in two years’ time.
10. Bob gets less holiday and no pension contributions from his employer after 65. He does however get concessions and discounts on his bus pass and pub meals and attends yoga  classes for 65+ year olds. Bob has no right to complain of age discrimination.

Let’s see how you did. The answers:

1. The new law prohibits discrimination against all ages. False: Although age is defined within the law to cover all ages, protection against discrimination of under 18’s is excluded in the provision of goods and services. This means such youngsters are protected at work but not as a customer or client of an organisation.
2. Under our new law, acts of age discrimination committed outside of Jersey are not covered. True: only acts perpetrated in Jersey are caught by our law. Caution: acts in other jurisdictions will be covered by that jurisdiction’s law.
3. Complaints of age discrimination are evenly spread across all age groups. False: Empirical evidence from the UK shows most complaints come from those aged 16-34 or 55-64.
4. Job advertisements which stipulate a particular age for the job are now a thing of the past. False:  if an employer can objectively justify that age for the role, then it is not illegal. Caution: subjective opinion is not objective justification!
5. State pension age in Jersey will stay at 65 until 2031 when it will increase to 67 for everyone. False: State pension age is set to go up in instalments, by two months every ten months from 2020. A real headache for HR!
6. 50% of Jersey adults say they will need to work beyond pensionable age. True: according to a States of Jersey survey, although more than 50% of respondents did not want to have to do this.
7. You cannot claim age discrimination for retirement once you reach your employer’s normal retirement age. False: that was yesterday! From 1 September 2016, you can claim age discrimination even if you have reached your employer’s normal retirement age unless it’s 65. But, after two years, this changes too and anyone can claim. Whether you win depends upon whether your employer can objectively justify enforcing its retirement age.
8. Generally, you cannot claim unfair dismissal once you reach your employer’s normal retirement age. False: that was yesterday too! From 1 September 2016, you can claim unfair dismissal even if you have reached your employer’s normal retirement age unless it’s 65. But, after two years, this changes too and anyone can claim. Whether you win depends upon the reason for dismissal and process adopted.
9. All employers will need to abolish their normal retirement age in two years’ time. False: It is up to employers whether or not they wish to have a normal retirement age, but employers have to be able to objectively justify it if challenged.
10. Bob gets less holiday and no pension contributions from his employer after 65. He does however get concessions and discounts on his bus pass and pub meals and attends yoga  classes for 65+ year olds. Bob has no right to complain of age discrimination. True:  the new law contains all these exemptions amongst several others. In fact, critics claim the new law is hardly anti-age discrimination at all! Let’s wait and see…

The above information represents a very brief overview of the new legislation and should not be taken as legal advice. For more information, please either refer to the law or telephone us on 01534 887088 for more detailed explanation and advice.