ENDING AGE DISCRIMINATION IN THE WORKPLACE
(9 March 2006)

The final measures to outlaw age discrimination in the workplace were published by Trade and Industry Secretary Alan Johnson today. Age discrimination is the most frequently cited form of discrimination by employees. The regulations will provide important new rights and responsibilities for every employee and business in Britain.

Alan Johnson said: "Ageism will affect more people, at some stage in their lives, than any other form of discrimination. But until now the law of the land has allowed it to continue. With these new regulations it will become illegal for workers to miss out on recruitment, promotion or training because of prejudice about their age"

The regulations (which will not affect the age at which people can claim their state pension) will:

• ban age discrimination in terms of recruitment, promotion and training;
• ban unjustified retirement ages of below 65; and
• remove the current age limit for unfair dismissal and redundancy rights.

They will also introduce:

• a right for employees to request working beyond retirement age and a duty on employers to consider that request;
• a new requirement for employers to give at least six months notice to employees about their intended retirement date so that individuals can plan better for retirement, and be confident that "retirement" is not being used as cover for unfair dismissal.

Alan Johnson continued: " As we are living longer and healthier lives, It is essential that the talents of older workers are not wasted. We must have the opportunity to carry on working where that is what we want . So we will scrap unjustified retirement ages below 65 and introduce a new right to request working beyond 65. In five years we will review all retirement ages to see whether the time is right to abolish them altogether. . It's all about choice - not work till you drop but choose when you stop.

"Ageism hits younger people too, who can find themselves discriminated against in the job market. For business to thrive in an increasingly competitive market they must not ignore the skills of any worker, whatever their age. The regulations give younger workers new protection too.

"Considering talent and not age will help employers reap the benefits of an age diverse workforce in reducing recruitment and training costs and retaining key skills and knowledge."

These final regulations include transitional provisions to ensure that employers can manage the process of retirement effectively in the first six months of the regulations coming into force.