Two months to go before new age discrimination laws take effect

Employers have exactly two months to review their employment contracts, policies and procedures before the introduction of age discrimination laws, warns Richard Linskell, employment partner at Dawsons Solicitors.

Age discrimination will become unlawful on 1st October when the Employment Equality (Age) Regulations 2006 come into force. According to legal expert Richard Linskell, “This will be one of the most important pieces of legislation in the history of UK employment law. It could cost UK businesses substantial amounts of money if they are found to be discriminating against employees on the grounds of age.”

Age discrimination is currently high on the public agenda. Following well documented talks about his impending retirement, BP chief executive Lord Browne was quoted in a leading national newspaper as saying, “Too many people seem to think that it is still acceptable to say ’you have reached the age of 60. We do not want you any more’.

According to Richard Linskell, "BP currently has a mandatory retirement age of 60 for executives, which is clearly in breach of the new age discrimination laws. If BP insisted on Lord Browne retiring at the age of 60, he would have a very strong claim of age discrimination against the company. In order for BP to defend the claim they would have to show that it is objectively justifiable to make him retire before the age of 65 and this would be extremely difficult to prove."

And it is not just large multinational companies which will have to alter their policies. Arsenal FC ran into controversy earlier this year when Robert Pires, 32, was sold to Villareal, following the club’s unwillingness to offer the player a two year deal. Arsene Wenger was quoted as saying, “He is at an age where he would like three years…He will get one year. We will stick to our policy for older players.”