Age Again

On 14 July the draft age discrimination regulations were finally published by the government. They have confirmed that the long-awaited age discrimination legislation will come into force on 1 October 2006.

The first thing to say is that the state pension age will not be changed by these regulations. You will be able to draw a pension even if you carry on working.

The new law will ban all retirement ages under the age of 65, and will force employers to give employees 6 months’ notice of an intended retirement date. Also, for the first time, people over 65 will be able to bring claims for unfair dismissal.

As you can see, the new laws will mean a lot more protection for workers and job applicants. Although police officers will also be protected, members of the armed forces and unpaid volunteers get no new rights.

Under the new laws, it will be unlawful for an employer to treat a worker less favourably than the employer would treat someone else simply because he or she is “too old” or “too young” unless the employer can justify his actions. This will be direct age discrimination.

For example, Charlotte opens a trendy boutique selling clothes aimed at the young adult. She doesn’t want to create the wrong image by employing shop assistants over the age of 25. Caroline, who is 27, applies for a job but is refused because of Charlotte’s age rule. This is unlawful direct age discrimination that could not be justified.

It will also be unlawful to have a role which, on the face of it, does not appear to be age related but which, in effect, actually disadvantages people of a certain age. This will be indirect age discrimination.

For example, Bill sets up a courier company. His advert for couriers states that applicants must have had a driving licence for five years. On the face of it, this is not age related but Oliver is 23 and has only held a driving licence for three years. He applies and is rejected by Bill because of the five year rule. Oliver may have a claim for age discrimination because fewer 23 year olds than, say, 40 year olds are likely to have had a driving licence for five years. This may be indirect age discrimination. Bill would have to come up with a good justification for his rule.

Age related harassment will also be unlawful. Employers must make sure that they stamp out age related negative behaviour in the same way that they have done in relation to sex, race, disability, religion and sexual orientation.

It is absolutely clear that most employers will have quite a lot of work to do to ensure that they run their organisations in a way that does not fall foul of the law come October 2006.

Next week we will look at age discrimination and retirement; is the government copping out or just being pragmatic?

Published 14/07/2006.