Far-reaching Age Discrimination laws came into effect this week. Jim Fitzpatrick, employment relations minister, answers questions from Recruiter on their implications for recruitment agencies.

What are the main things recruitment agencies should have done in the run-up to 1 October?

Recruitment agencies have a crucial role to play in supporting the cultural change that needs to accompany the introduction of the Age Regulations.

All recruitment agencies should have reviewed their practices and removed any age discrimination that cannot be objectively justified.

As a former fireman, would you accept that it is not advisable to have someone working beyond a certain age? And, therefore, not advisable to recruit someone with no previous experience, if he only has a few years until he reaches that age?

In general terms, discriminating on grounds of age is no more acceptable than any other form of discrimination. People should be judged on their ability to do the job in question, not on their age.

However, the government recognises that differences of treatment on the grounds of age can sometimes be justified and the regulations reflect this. For example, it may be necessary to make special provisions for younger or older workers in order to protect their safety and welfare; for example, as with yearly medicals in the Fire Service after a certain age.

In the first few weeks after 1 October, how much tolerance will be there be of recruitment agencies who don’t fully comply with the new legislation and what will the enforcement procedures involve?

The Age Regulations came into force in full on 1 October, apart from the regulations surrounding occupational pensions, which will be introduced after 1 December.

All those with responsibilities under the regulations, including recruitment agencies, now have to comply from that date. Anybody who feels they have been discriminated against after the 1 October will be entitled to bring a complaint to an employment tribunal.

How will it be possible for those enforcing the law to show that age discrimination is taking place?

The process of proving age discrimination will work the same under the Age Regulations, as for other discrimination legislation.

Before forwarding CVs to clients, will agencies be required to delete the date of birth from CVs when this information has been supplied by candidate?

No. The regulations do not mean that dates of birth should be removed; they just require employers not to discriminate on the basis of this information.

Will requesting a specific number of years’ experience for a position constitute a breach of the law? Are the words ‘mature’ or ‘energetic’ also to be outlawed?

There is no list of outlawed words. However, employers should ensure that adverts reflect the skills necessary for the job in question. Any age-related criteria will have to be objectively justified. Adjectives such as “mature” or “energetic” should not be used as a proxy for age. Maturity and energy can be qualities at any age.

How will recruiters be able to legally distinguish between age and experience in job adverts or assessing people for positions? While age isn’t a valid basis for determining someone’s suitability for a requirement, a certain amount of professional experience might well be.

It will continue to be possible to specify a certain amount of professional experience, where this is genuinely a requirement of the job in question.

However, employers should be sure they can objectively justify such requirements, as candidates will be able to challenge them where these amount to unreasonable indirect discrimination.

How will liability be determined when a recruitment agency is following the direction of a client in requesting someone of a certain age or describing the ideal candidate as ‘young’, ‘energetic’, ‘mature’, etc?

Recruitment agencies will be entitled to rely on objective justifications provided by employers if candidates of a certain age are required, although employers are unlikely to be able to justify asking for candidates of a younger or older age.

Would you say that overcoming cultural hurdles to eliminate age discrimination is equal to, more difficult than or easier than overcoming cultural hurdles to eliminating discrimination on the basis of race, religion or gender? Why?

It is the greatest change since the Sex Discrimination Act. Age-related issues affect all employees at some stage in their working lives. A culture change has already started and the regulations will mark an important new step along the way.

What is the best way to achieve age-neutral employment policies, and how do you integrate age-neutral attitudes into a culture?

The recruitment industry can take the lead in discrediting many of the assumptions underpinning attitudes to age and work.

This includes ensuring a step change in the attitudes to age within the recruitment industry itself, which is currently thought of as ‘young’ and ‘dynamic’, with almost all new recruits being recent graduates in their 20s. Age discrimination in any form is a waste of talent. Recruitment consultants have a responsibility to ensure their business clients appreciate the new regulations.

If a client requests young, or older, candidates the recruitment consultant will have to check that the client has an objective justification for doing so. Recruitment consultants have an important role in ensuring that competition for jobs is fair and does not favour candidates because of their age, or indeed any other element that could be considered discriminatory.

The new regulations are a huge step forward. The Age Discrimination laws are a key factor in adapting to new challenges, and all of us have a part to play. Recruitment consultants, particularly, have a crucial role.