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Mandatory Retirement Ages The Debate Goes On
It is being reported that there may be a delay in regulations prohibiting discrimination in employment on grounds of age being placed before Parliament due to a lack of agreement in government departments as to whether companies should retain the right to impose a mandatory retirement age once the new legislation has been introduced.
The regulations were due to be presented by the Department for Trade and Industry at the end of 2004 but it now appears that finalisation of the rules will be delayed to allow further debate on the issue of mandatory retirement ages.
The DTI's consultation in 2003 proposed that although compulsory retirement ages should be made unlawful, provision should be made to allow employers to justify mandatory retirement ages in certain exceptional circumstances. The DTI also raised the possibility of employers being able to retire their employees compulsorily at 70. At stake will be whether these proposals are compatible with the UK's obligations to make discrimination on grounds of age in employment and vocational training unlawful under EC Directive 2000/78.
Practical Tip
Although there may be delay in the regulations being presented to Parliament the target date for the legislation coming into force remains 1st October 2006 and employers should plan accordingly. Changes in workplace attitudes take time and we recommend that employers should be acting now to make it clear through policies and training that discrimination on grounds of age is not tolerated in the workplace.
