Solicitors Mace and Jones confirmed that the regulations, which come into effect on October 1, apply to all workers, whether they are directly employed, work under some kind of contract or are an agency worker.

All job specifications should state the necessary and desirable criteria for selection, and should be based on competencies identified as necessary for the job. Recruitment agencies also need to be sure they are following an equality and diversity policy also.

Increased claims
Small business pressure group the Forum of Private Business (FPB) has warned that there could be further increases in claims against employers. The organisation’s Chief Executive, Nick Goulding, said that the nature of the new laws means that employers are open to claims from all sides, if they don’t revise their practices.

Mr Goulding said: "Anti-discrimination laws on the grounds of gender, race or disability only apply to one group. But age discrimination is wide ranging and can apply to both young and old. There is a danger many claims could be made."

Martin Edwards, Head of Employment Law at Mace and Jones, said that the type of claims that employees could make under the new laws could vary greatly.

He said: "Of course ageist insults could be seen as harassment but misplaced humour about age will also be risky and can apply to young people as well as older employees."

Retirement
Sixty-five is now the default age for retirement and whilst it will be easier to retire someone at 65, prior warning must be given 6 to 12 months before. Workers can request to carry on working after 65, but there are no sanctions if businesses turn down the request, and the new regulation can’t be used to challenge the decision.

There are ways that employers can help introduce the new regulations into the workplace. It is useful for an employer to have a policy document on age discrimination that can be referred to. Documentation must be sound, to ensure that the right policies are in place and are being followed by employees.

Mr Edwards said the danger for firms lies in not understanding the new regulations or not dealing thoughtfully with issues that may arise. "Busy employers can fall into the trap of either not being aware of the rules or may not applying them, that is where most problems lie. Employers who rely on assumptions rather than facts are taking a risk."

Recruitment
Even recruiting could be a legal minefield under age discrimination regulations. A firm advertising a job and describing the ideal candidate as someone who is ‘dynamic and energetic’ may have to justify these words. ‘Mature’ may also be another risky description.

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Susie Hughes
The Editor © Hardhatter 2006