Age discrimination law will benefit every age group but those who most need it

Employers can expect a rush of discrimination cases when the new Age Regulations come into force in October. ìAge legislation will have a huge impactî asserts equality law expert Michael Rubenstein. ìAlmost any HR policy or practice, term or condition, is likely to have a discriminatory impact on one age group or another. It would be surprising if practices had the same impact on differing age groups ñ and that disproportionate impact will result in indirect discrimination unless employers can prove that the practice is justifiable.î

Employees in their 40s and 50s who are dismissed are likely to consider whether their age had anything to do with it. Unlimited compensation in discrimination cases may encourage them to question this in the tribunals. Younger employees will also benefit from the legislation ñ they will question the need for formal experience to do a job, and may challenge the stereotype of the need for maturity to hold senior positions.

The paradox of the Regulations is that the group most likely to be discriminated against on grounds of their age ñ those in their mid-60s and over who have been thrown out of their job before they were ready to go - will not be able to challenge their dismissal, or a refusal to consider their applications when they apply for other work.

Rubenstein, co-editor of Equal Opportunities Review and editor of Industrial Relations Law Reports, states: ìAs a result of the governmentís decision to capitulate to the CBI and introduce a default retirement age, those aged 65 and over are completely excluded from complaining about mandatory retirement, or about being discriminated against on grounds of their age when applying for jobs. It is expected that the default retirement age wonít last for more than 10 years, but until then, the paradox of our age discrimination legislation is that it will benefit every age group but those who most need it.

However, those who qualify can be expected to take advantage of the new right. ìEmployers, employees and the legal profession have become much more sophisticated in their understanding of discrimination law ñ so the learning curve experienced in sex and race cases is unlikely to be replicated. There is likely to be a rush of age discrimination cases,î says Rubenstein, in the first of a 3-part guide to the new Age Regulations in Equal Opportunities Review.