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Confusion reigns over ageism rules. By Dan Martin

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29th Sep 2006
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As the UK prepares for new age discrimination rules coming into force on Sunday, employers remain confused about the extent of the regulations with one business group claiming that the minimum wage, increases to which are introduced on the same day, could be challenged on age discrimination grounds.

Billed as one of the biggest changes to employment law for decades, on 1 October it will become illegal to discriminate against employees and job applicants on the grounds of age. The rules affect all business processes including recruitment, training and retirement.

But according to a poll by law firm Eversheds, many confused employers have chosen to retain practices that could fall foul of the new regulations, with 40% fearing they face a significant risk of employees making a claim against them.

Just 58% of respondents had trained managers involved in the recruitment process on the implications of the new laws, while a third still planned to include a minimum period of experience in job adverts and a quarter will continue to ask for a date of birth on application forms, both of which could be seen as discrimination.

Audrey Williams, from Eversheds, said: "The research shows that the recruitment process could become a breeding ground for potential claims.

"Continuing to ask for a minimum period of experience is a risky approach and open to challenge from younger employees. Similarly, continuing to ask for a date of birth on application forms isn't in line with the spirit of the legislation and opens employer up for challenge."

In related news, a business group warned that the national minimum wage system, which increases on the same day the ageism laws are introduced, could be endangered.

The British Chambers of Commerce (BCC) said because workers under 21 can be paid less than their older colleagues it could be seen as discriminatory.

Speaking to BBC News, Olly Scott, BCC spokesman, said: "The government's own minimum wage law discriminates against people on the grounds of age.

"They are in a pickle. If this were the subject of a legal challenge, based on the new age law, the government may put the minimum wage rates of the under-21s up to the same level as the over-21s."

Scott added that if this were to happen, firms would be less likely to hire young people.

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