The DTI finally published its draft regulations outlawing age discrimination this month.

The regulations, due to come into force in October next year, are now subject to consultation and, no doubt, amendment - a process due to last until this October.

Age discrimination, as the Secretary of State for Trade and Industry readily accepts in his introduction to the regulations, touches on every aspect of the employment relationship - recruitment, promotion, pay, terms and conditions, dismissal, retirement and occupational pension rights. So just how do the draft regulations tackle this crucial matter?

Well, if they remain in anything like their current form, they will have a massive impact on employers' attitudes to recruitment and promotion of older workers and will also, as the preamble to the regulations puts it, "change the retirement culture for workers themselves".

Employers will not, for example, be able to treat any worker, young or old, less favourably in terms of recruitment opportunities or in terms of chances for promotion and training.

Nobody will be forced to retire before the age of 65 unless the reason can be "objectively justified" - a phrase with which employers will be familiar from existing discrimination legislation.

As in the case of employees requesting flexible working hours for family reasons, staff will be able to formally request to stay once they reach retirement age, and again it will be for employers to justify any refusal on objective grounds.

Employers will, in an attempt to encourage employees to plan for their retirement, also be required to give written notification to employees no later than six months before their intended retirement date.

Controversially, the upper age limit of 65 for those bringing unfair dismissal claims will be removed, and those made redundant after that age will no longer lose the right to redundancy payments.

The next three months will be interesting as the consultation gets under way.

Will the regulations be vastly different when they come of age in 2006?

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: 02/08/2005