Recruitment

• Check that job descriptions and person specifications do not include unnecessary standards of experience. If a person specification demands "at least five years' experience", you must be able to justify it.
• Examine the wording of all job advertisements. There should be no references to preferred ages or age ranges, or any wording that implies age, such as "young and dynamic" or "mature". As with job descriptions and person specifications, job advertisements do not specify unnecessary standards of experience.
• Consider the questions asked on your application form. Remove the question on date of birth and include it instead in an equal opportunities monitoring form. Remove requests for any other age related information that might allow discrimination to take place.
• Recruit only on the basis of skills and competencies.

Training opportunities

• Eliminate any age restrictions on training.
• Do not use length of service as an eligibility criterion for training opportunities.
• Review training methods to take account of different age groups. For example, offering only computer-based training may favour younger workers over their older colleagues.

Promotion

• Eliminate any minimum or maximum age limits on promotion.
• Do not use length of service as an eligibility criterion for promotion.
• Encourage people of all ages to apply for promotion.
• Make appointment decisions based on skills and competencies.

Pay and benefits.

• Eliminate any reward schemes based on age, such as age related pay scales.
• Identify any pay scales or benefits that use length of service of five years or more as a criterion. To continue with these beyond 1st October 2006, you will have to demonstrate an objective justification, for example that rewarding loyalty, encouraging motivation or recognising experience is a legitimate business aim.
• If you envisage any change to an employee's remuneration package, in order to comply with the legislation, consult with the employee in advance and confirm any new contractual terms in writing.

Redundancy

• Review your criteria for selection for redundancy. Selection based on age will be unlawful. Selection based on length of service, last in first out, is also likely to be discriminatory.
• Whatever the age of the employee, follow the normal redundancy procedure, including the statutory dismissal procedure, before dismissing an employee on the grounds of redundancy. An employee over the age of 65, who is dismissed as redundant, will be able to bring a claim for unfair dismissal if the employer has failed to follow a fair procedure.
• Pay statutory redundancy pay to all employees with two years' service, regardless of their age. Note that the statutory scheme will be amended to remove the minimum and maximum age limits. However the calculation will still be based on age bands and length of service up to a maximum of 20 years.
• If you operate an enhanced redundancy payments scheme, make sure that it mirrors the statutory scheme. Enhanced schemes, such as those based on a full week's pay rather than the statutory maximum for a week's pay, will be lawful, provided the calculation is done using the same age and service bands as the amended statutory scheme.

Retirement

• Review your company's normal retirement age. If it is below 65, it must be objectively justified.
• Draft a new retirement procedure for those due to retire on or after 1st April 2007. You must notify such employees in writing no more than 12 months but no less than six months in advance of their proposed retirement date. Your letter of notification must inform the employee of his/her right to request to work beyond the notified retirement date. Consider any such request carefully. Keep your criteria for allowing employees to work beyond their normal retirement age objective and consistent. If you reject the employee's request, allow an appeal against the decision.
• Be aware of the transitional arrangements, which will affect those due to retire between 1st October this year and 1st April next year.
  • If you give an employee notice of retirement before 1st October and the termination date is on or after 1st October, but before 1st April 2007, for the dismissal to be fair, you must give the employee his/her contractual notice or, where the contractual period is longer than four weeks, at least four weeks notice. Note, however, that if the employee has a contractual entitlement to more than four weeks' notice, you will be in breach of contract if you fail to give it. On 1st October, or as soon as possible afterwards, you must notify the employee in writing of his/her right to request to work beyond the notified retirement date. The employee can make such a request after the contract has been terminated, but not more than four weeks afterwards.
  • If you give an employee notice of retirement on or after 1st October 2006 and the termination date is before 1st April 2007, you must give the employee contractual or statutory notice, whichever is the longer. You must also notify the employee in writing of the intended retirement date and that he/she has the right to request to work longer. If the employee wishes to make a request he/she should do so in writing four weeks before the intended retirement date, or as soon as is reasonably possible. The employee can make such a request after the contract has been terminated, but not more than four weeks afterwards.

Dismissal

• Be aware that employees will be able to bring a claim for unfair dismissal even if they are over 65 (or your normal retirement age, if lower).
• Whatever the age of the employee, where a dismissal is for capability or misconduct, follow the normal procedures, including the statutory dismissal procedure.

Communication

• Update your equal opportunities policy to include discrimination, harassment and victimisation on the grounds of age.
• Update your disciplinary procedure so that age discrimination is included as a disciplinary offence.
• Ensure that all employees are aware of the new legislation, its far reaching implications and their own responsibility for compliance. Circulate the equal opportunities policy and the disciplinary policy. Consider holding training or briefing sessions to increase awareness.