Mandatory retirement age and age discriminationMalcolm Sargeant
2004 Employee Relations: An International Journal
doi: 10.1108/01425450410511061
This article considers the issues raised by the proposed abolition of the mandatory retirement age as a result of the Equal Treatment Directive, 2000/78/EC, and of proposed Age Discrimination in Employment Regulations. It argues that there are a number of distinctive retirement ages, namely, the contractual retirement age, the pensionable retirement age and the actual or normal retirement age. These may coincide or they may occur at different times, but it is only the contractual retirement age that is likely to be abolished by the Regulations. Their effect upon the retirement age will therefore be limited. As part of the research for this article a number of TUC affiliated trade unions were interviewed in order to gain an employee perspective of the issues surrounding the abolition of mandatory retirement ages.
New rights for old Flexi‐working and sex discriminationMelanie Fraser
2004 Employee Relations: An International Journal
doi: 10.1108/01425450410511070
Employees have a statutory right to request a change to their working hours or conditions to enable them to care for children (so long as they meet certain criteria). The Sex Discrimination Act 1975 enables workers to claim that a requirement, such as to work on a full‐time basis, is discriminatory. There are no eligibility requirements for this argument although there is an evidentiary burden. The penalties for breach of the Sex Discrimination Act are greater than the new right. To what extent do the new Flexible Working Regulations provide a right to a change in working patterns, and what role remains for the Sex Discrimination Act?
Minority report Taking the initiative in managing diversity at BBC ScotlandGillian A. Maxwell
2004 Employee Relations: An International Journal
doi: 10.1108/1425450410511089
Academic interest in managing diversity is now developing from conceptual analyses to practical examples. However, the conceptual relationship between managing diversity and equal opportunities remains rather blurred. Perhaps investigation of managing diversity in practice may help bring greater focus to the relationship. This article seeks to bring further insight into the debate on managing diversity in terms of its link with equal opportunities and key dimensions in practice. On the basis of consideration of theoretical perspectives and dimensions of managing diversity, a practical development of managing diversity is discussed in a longitudinal case study of a proactive diversity initiative in BBC Scotland.
New employee representation Legal developments and New Zealand unionsMichael Barry; Robyn May
2004 Employee Relations: An International Journal
doi: 10.1108/01425450410511098
Legislative protections supporting New Zealand's compulsory arbitration system made unions a vital part of industrial relations from 1894 to 1991. Following a dramatic shift to a more deregulated labour market, the union movement suffered a sharp decline in influence and membership during the 1990s. In October 2000 the Labour‐Alliance Coalition that formed government in 1999 introduced its Employment Relations Act that includes new protections for registered trade unions. The early impact of the legislation has been to promote the registration of a plethora of new unions. However, the new unions formed since the introduction of the Act represent very few workers and have narrow interests. Although they exist formally as unions, these organisations are more accurately alternative forms of employee representation that exist to facilitate enterprise bargaining and, in some instances, to allow employers to frustrate the activities of larger, established unions.