Part 1: An introduction to the regulations

From 1 October 2006 the Employment Equality (Age) Regulations make it unlawful to discriminate against workers, employees, job seekers and trainees because of their age.

The regulations apply to all employers, training providers, trade unions, professional organisations, employer organisations and trustees and managers of occupational pension schemes.

The scope of the new rules includes recruitment, terms and conditions, promotions, transfers, dismissals and training, but do not cover the provision of goods and services.

From October it will become unlawful to discriminate directly on the grounds of age - that is to treat someone less favourably than others because of their age. Likewise it will become unlawful to indirectly discriminate - apply a criterion, provision or practice which disadvantages people of a particular age.

There are exceptions and exemptions to the age regulations, such as pay and other employment benefits based on length of service, life assurance and retirement (covered in more detail later).

It may also be possible to treat people differently on the grounds of their age, provided employers have an "objective justification" supported by a "legitimate aim" and for which there is "no reasonable alternative".

Acas has said that organisations would need to provide "real evidence" to support any claim of objective justification, and that each case "must be considered on its individual merits".

The regulations also make it unlawful to subject someone to harassment on the grounds of age, or to victimise someone because they have made, or intend to make, a complaint of discrimination on grounds of age.

Discrimination, harassment or victimisation following the end of a working relationship could also occur, such as in written or verbal references. An example would be if a prospective new employer was told that the person had not been accepted by colleagues because they were "too young and inexperienced".

Employers can also be held responsible for the acts of employees who discriminate on grounds of age, making it important to inform and train staff about the new regulations.

Upper age limits on unfair dismissal and redundancy will be removed. There will also be a national default retirement age of 65, making compulsory retirement below 65 unlawful unless objectively justified.

Employees will have the right to request to work beyond 65 or any other retirement age set by the company. The employer has a duty to consider such requests.

The remaining sections of this feature will look a little more closely at the issues of harassment and victimisation, recruitment and retirement.