THE Government has just published a consultation document on its proposals for outlawing age discrimination.

These proposals make it clear that employers will be banned from discriminating on the basis of age in both employment and training.

Employers will therefore, for example, no longer be able to advertise for young and energetic workers. Neither will they be able to stipulate that only workers under a certain age may have access to training courses.

Discrimination will also be outlawed on the basis of a person's perceived age.

Age discrimination may still be permissible in some circumstances, for instance on grounds of health, welfare and safety, or where there are particular training requirements for the job in question.

Under the proposals, employers will also be able to have schemes or practices to encourage or reward loyalty without falling foul of the discrimination regime.

Where justifiable, employers will also be able to provide pay based on length of service or experience.

The rules on retirement ages will also change, so that employers will have to objectively justify imposing a mandatory retirement age. The rule, which prevents employees receiving a redundancy payment or claiming unfair dismissal after their 65th birthday, is also likely to be abolished.

The consultation period lasts until October 20, after which the draft rules will be published. The final version of the rules is not expected to become law until 2006.

Provided they act soon and take the appropriate advice, this lengthy lead-in time should be more than sufficient to enable employers to familiarise themselves with the new rights of their workers and to ensure that none of their employment practices or conditions are likely to breach the new rules.

- Stephen Elliott is a solicitor in the employment team of North-East law firm Ward Hadaway. He can be contacted on 0191-204 4000 or by email at stephen.elliott@wardhadaway.com

Published: 08/07/2003