Time called for 'first in, last out'

New legislation aimed at outlawing ageism in the workplace could have the reverse of its intended effect and, in some instances, act against the interests of older workers.
The government has just published its draft Employment Equality (Age) Regulations, which are set to implement a European Employment Directive. The draft is out for consultation and it is intended that the legislation will come into force from 1 October 2006.
The draft regulations will
prohibit unjustified age discrimination in employment and
vocational training. It will remove the current upper age limit for unfair dismissal and redundancy rights. And it will make it easier for older people to carry on working beyond the age of 65.
But industrial relations experts are warning that the new law could spell the end of the 'first in, last out' principle on selection for redundancy, which has traditionally been so favoured by trade unions. Although the legislation is intended primarily to protect older workers, it is suggested that 'first in, last out' may be considered as unfair discrimination on grounds of age against the young.
"This is one aspect of the
regulations that is relevant to construction across the board," one employers' adviser commented. "Much depends on the detail of the legislation. It could be settled by case law."
He thought there could also be problems over older operatives seeking to carry on with more arduous site work to which they are no longer suited.
However, Mark Ellis, of solicitors Ellis Whittam, suggested the legislation should not present
too many direct difficulties.
On the other hand, it would present employers with a further administrative burden. And
"no-win, no-fee lawyers will probably jump on the claims bandwagon".
Introducing the draft regulations, trade and industry secretary Alan Johnson said: "Individuals should have the choice to carry on working if they want to. This is not about forcing people to work longer. It is about the freedom to choose.
"Equally, to thrive in a competitive market British business increasingly bases its employment and training decisions on talent not age. Employers know that they cannot afford to ignore the skills of any worker - young or old."
The regulations will impose a duty on employers to consider an employee's request to continue working beyond retirement age. There is no obligation to accede to such a request. They also require employers to inform employees in writing and at least six months in advance of their intended retirement date.