Age discrimination to be outlawed

Discrimination against those over 65 in the workplace is set to be outlawed, under new measures proposed by the government.

The regulations, which have been published in draft, will ban age discrimination in terms of recruitment, promotion and training and ban all retirement ages below 65, except where objectively justified.

The measures also include plans to remove the current upper age limit for unfair dismissal and redundancy rights.

The proposals would also introduce a duty for employers to consider an employee’s request to continue working beyond retirement age and a requirement for employers to supply employees with written notification at least six months in advance of their intended retirement date.

The new measures are the final stage in implementing the European Employment Directive and, if they are approved by Parliament, the regulations will come into force on October 1, 2006.

Trade and Industry Secretary Alan Johnson said: “Individuals should have the choice to carry on working if they want to. This is not about forcing people to work longer; it is about freedom to choose.

“Equally, to thrive in a competitive market, British businesses increasingly base their employment and training decisions on talent, not age. Employers know that they cannot afford to ignore the skills of any worker – young or old.

“These regulations are an important step forward, ensuring individuals benefit from important new rights and opportunities while allowing business to operate productively and fairly.”

However, Age Concern’s Director General, Gordon Lishman said:“The government has failed to embrace a real opportunity to move with the times and make forced retirement a thing of the past. In our ageing society, the economy will increasingly rely on the skills of older workers, yet thousands will continue to be shunted out of their jobs and denied the right to choose when to retire, simply because of their date of birth.

“The proposal to give workers six months notice before being pushed out at 65 is a step forward for older people but should be extended to at least one year to soften the blow of forced retirement: This would help older workers look for another job if they need to or exercise their right to appeal against their employer’s decision.

“Ultimately the Government must see sense and reverse its narrow-minded decision to force people to retire at a fixed age so that everyone has the choice.”

The Department of Trade and Industry is consulting on the practical application of the draft regulations to ensure they are effective and workable.

(KMcA/GB)