The long-awaited Employment Equality (Age) Regulations outlawing age discrimination will finally come into effect on 1 October 2006. When implemented, the regulations will affect every aspect of the employment relationship and will have profound implications for selection arrangements and recruitment, terms and conditions of employment, reward policies, dismissals, and retirement. The regulations will require major changes, not just to policies and procedures, but also to workplace culture.

The government published draft regulations together with a consultation document in July and has promised to publish the final version of the regulations early next year. However, the substance of the regulations is unlikely to change and employers should be reviewing their employment practices without delay to ensure that they will be in a position to comply with the new regulations next October.

The draft regulations contain clauses outlawing discrimination in employment and vocational training, but at present, there are no provisions in relation to the provision of goods and services. The employment provisions relating to discrimination against job applicants and employees are similar to those in sex, race and other discrimination legislation. Likewise, the usual provisions apply in relation to direct and indirect discrimination, victimisation and harassment.

However, in contrast to most anti-discrimination legislation, a defence will be available to charges of both direct and indirect age discrimination if it can be shown that the treatment or the application of the offending provision, criterion or practice was a “proportionate means of achieving a legitimate aim” – the so-called “objective justification defence”.