Age Discrimination to be Outlawed

Over 65s are to get the same rights to unfair dismissal and redundancy payments as younger workers under new measures to outlaw age discrimination in the workplace, Trade and Industry Secretary Alan Johnson announced today.

The new measures - published in draft today - are the final stage of implementing the European Employment Directive. With the approval of Parliament, the regulations are due to come into force on 1 October 2006.

The draft 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 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 6 months in advance of their intended retirement date. This will allow people to plan for their retirement.

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 business increasingly bases its employment and training decisions on talent not age. Employers know that they cannot afford to ignore the skills of any worker - young or old. 

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

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

The Department of Trade and Industry is consulting on the practical application of the draft regulations, to ensure they are effective and workable. The consultation also makes employers, training providers and individuals aware of their new rights and responsibilities, enabling them to prepare for the new legislation. Responses will help the clarity of later written guidance.