Spring has finally sprung. In the past month, the draft Transfer of Undertakings (Protection of Employment) Regulations (TUPE) has at last blossomed from the Department of Trade and Industry (DTI), to the delight of employment lawyers everywhere who have had their patience severely tested.
Amid this flurry of excitement over TUPE, and with all the other legislation facing employers in recent years, it is all too easy to lose sight of the fact that legislation outlawing age discrimination is only 18 months away from implementation. From 1 October, 2006, age-based discrimination will become unlawful subject to a narrow justification defence. The new regime will have a wide-reaching impact in the workplace and necessitate a massive cultural change. No aspect of employment will remain untouched – recruitment, promotion, pay and non-pay benefits, redundancy, retirement and dismissals will all be affected.
