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Stuart Gentle Publisher at Onrec

Preventing age discrimination

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In consultation documents published by the government today, age discrimination in employment will become unlawful on 1 October 2006. The legislation is aimed protecting older and young workers.

The government is required to implement the legislation under the European Employment Directive.

The consultation will focus on a number of areas including discrimination on the grounds of age in recruitment, rates of pay and other benefits such as pension, the level of protection afforded to older workers in terms of protection from unfair dismissal and removing some age related aspects of the statutory redundancy payment scheme.

The government proposes raising the age at which employers could require employees to retire to 70 - it is currently 65.

Draft legislation is due to be published in the early part of 2004 and in order to allow plenty of time for everyone to prepare for their new rights and responsibilities the final legislation is to be agreed by the end of 2004.

Sarah Catherwood an associate in the employment team at Ward Hadaway said: ìIt is encouraging to see that the governmentís proposals are being tabled at an early stage. The new age discrimination legislation will affect the majority of businesses. It is essential that employers are given time to prepare and familiarise themselves with the legislation.

ìComplying with this legislation is yet another concern for employers who are already struggling through the minefield of employment law. Additionally, employees may be concerned because they may feel they have to work an extra five years before retirementî.

For more information on the forthcoming legislation contact Sarah Catherwood sarah.catherwood@wardhadaway.com.