Employment law Essay Example | Topics and Well Written Essays - 3000 words - 1

eng climb onment law - Essay ExampleThe justification will by and large be under exceptional circumstances which not all organisations can meet when challenged at the Employment Tribunal. Such a justification will be found in posts for which the employer already has a privacy of age far below 65 due to nature of the jobs such as emergency go requiring a certain level of physical physical fitness or those requiring high level mental fitness such as air traffic controllers. Justifications can also be found in areas where remissness Retirement Age (DRA) does not apply such as partners in a law firm. As DRA has been scrapped, employers must(prenominal) mark off that management of their employees effect is not discriminatory and not inconsistent to avoid assertable litigation from the disgruntled employees who may be discriminated against on the grounds of age. Employer should apply non-discriminatory and consistent policies across the organisation. Employer should ensure that t he managers are updated with latest procedures and trained in handling employees performance. Employers should conduct regular meetings or discussions with their employees regardless of their age for their performance review, know their expectations and future plans within the organisation. It is not discriminatory if all the employees are taken into assertion regarding their future plans without singling out the older workers. The meetings or discussions should be held with transparency and h championsty. No discriminatory questions should be comprise which would imply that an older worker is ready for retirement. The appraisal process is the ideal time for such discussions. It does not mean employers give to treat all the employees in ex deed of conveyancely the same manner but should instal sure there is consistency and fairness. In case of underperformance of an employee, employer must identify the cause. Neglecting on the poor performance by older workers can also be catego rized as a discriminatory act of the employer by other employees. Employer should avoid assuming that older workers are associated with underperformance. All cases of underperformance should therefore be dealt with right away through right and fair procedures and any resultant dismissals should precisely be on the basis of capability. Employers must also make sure that they comply with Equality Act when dealing with older employees who might have acquired disabilities in their old age and therefore not discriminated against (Thompson, 2011). The instant case relates to the grievance of Albert 64, an employee on the doorway of retirement that he is being forced to retire under the pretext of poor performance. With more than 20 years of service, he started declining in performance of late only after his wife fell dingy resulting in additional responsibilities for him at home. Although he wanted to work at home one twenty-four hours a week, his request was declined as his manger Chris did not want to set a precedent in finance department where Albert worked although a female employee of the administration department had been permitted to work at home one day a week. While at first, Alberts poor performance was being discussed with him personally at regular meeting, later he was being called in for specific purpose of discussing his poor performance only with which he felt uncomfortable and was convinced that the managements aim was to terminate his service on capability grounds. At first glance it appears that Albert