Minister launches consultation on age discrimination legislation

A consultation has been launched on age discrimination, as for the first time in Northern Ireland, legislation is proposed to tackle this form of discrimination in the workplace.

Equality Minister Jeff Rooker speaking at the launch of the consultation said: “The proposed legislation aims to prohibit unjustified age discrimination in employment and training. It will have far reaching consequences for both employers and employees alike, impacting on every aspect of employment, either directly where there are specific age-based issues or indirectly, where matters surrounding length of service are concerned.

“It is vital everyone gives the document their considered opinion as age discrimination can affect anyone, at any stage of life. It can blight employment opportunities for young and old alike, preventing them from realising their full potential in the workplace and employers from getting the best performance out of their business.”

The draft Age Regulations will prohibit age discrimination in terms of recruitment, promotion and training. They will prohibit all retirement ages below 65 (except where objectively justified) and remove the current upper age limit for unfair dismissal and redundancy rights.

They will also introduce a duty for employers to consider an employee’s request to continue working beyond retirement and a requirement for employers to give written notification to employees at least six months in advance of their intended retirement date.

The Minister said: “People need to be able to plan their future, and retirement should therefore not come as an unexpected surprise. The duty for employers to give at least six months notice will help individuals to make informed decisions about retiring.”

In 2001, the proportion of the population aged 50 or over was nearly 29% and it is predicted that this figure will rise to 35% by 2021 and 44% by 2041.

“Clearly, future economic competitiveness will be determined to a considerable degree on the employment, performance and productivity of an ageing workforce. It is therefore essential that employers understand how to manage, recruit, train and motivate employees across all age ranges and at all stages in their careers,” said Mr Rooker.

The consultation will run until 30 November 2005, and legislation is expected to come into operation in 2006.

The regulations, which will apply to all workers and to people who apply for work and vocational training, will prohibit direct and indirect age discrimination, harassment and victimisation.

In most situations, it will be unlawful to treat people differently on grounds of age. However, employers and others with obligations under the Age Regulations will be able to justify different treatment on grounds of “objective justification” in certain circumstances.

(SP/MB)