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2. Embracing Diversity Employer’s Forum 6 July 2005

3. Current Legal Position At present, it is not unlawful to discriminate on the grounds of age There is a voluntary Code of Practice –Introduced in 1999 –Aims to encourages good practice before the legislation comes into force

4. Future Legal Position Equal Treatment Framework Directive to be implemented into UK Law Consultation Document and Draft Legislation to be produced Legislation to be implemented by October 2006

5. Discrimination Survey Survey of 200 job adverts –No discrimination 51% –Other discrimination 11% –Age (non experience) 9% –Age (experience) 30%

6. Note of Caution! Employers should not wait until next year before considering the impact of the new legislation The time to act is now!

7. What Will the Law Cover? Direct Discrimination –Where a decision is made in respect of an individual, on the basis of actual or perceived age –Defence if justified according to Specified Aims

8. The Specified Aims Health, welfare and safety Facilitation of employment planning Particular training requirements for the post Encouraging or rewarding loyalty

9. The Specified Aims Need for a reasonable period of employment before retirement AND Age-based approach must be appropriate and necessary in the particular circumstances

10. What will the Law Cover? Indirect Discrimination –Where a blanket ban or a policy disadvantages a certain category of person because of their age –Can justify if have good objective reasons for the policy

11. Other Proposals Harassment Victimisation Genuine occupational requirements –e.g. Acting/Modelling Retirement –Mandatory retirement age likely to be 65 Pensions

12. Age Discrimination – The Key Proposals Unfair dismissal –Reference to age in Employment Tribunal calculations will disappear Redundancy –New formula for redundancy to ignore age and to include service under the age of 18

13. What Should Employers be Doing? Review policies and procedures Train staff Review recruitment practices Consult on the need for changes to retirement age, if necessary Review all selection criteria and age based decisions in readiness for 2006