As Mark Twain once said: "Age is an issue of mind over matter. If you don't mind, it doesn't matter." This is the philosophy employers are going to have to adopt when the Employment Equality (Age) Regulations 2006 become a reality.

Consultation on the new regulations ended last week, and although they are a major landmark (protecting employees against unjustified discrimination), according to the CBI the draft rules leave employers exposed to litigation and potentially costly employment tribunals.

It seems the draft regulations don't give employers the clarity they need on various important issues. Length of service benefits rewarding long standing and loyal staff with extra days leave are a vital tool for staff retention but could be seen as discriminatory against younger workers - it works both ways.

Redundancy schemes would see older workers penalised if a flat rate scheme is introduced.

A recent poll by the Employers' Forum On Age showed that 63 per cent of employers thought that rather than encouraging organisations to keep people on past 65, the new regulations could actually encourage employers to retire everyone at 65.

Lawyers will expect to see age feature much more widely in cases of dismissal; the onus will be on the employer to prove that dismissal was for a different reason.

The EFA sees the most worrying concern as the lack of guidance to help employers understand where and when they can continue to use age in the employment decision-making process.

Age proofing job and person specifications will also need to be carried ou; terms such as 'mature', or 'young and dynamic' would not be prudent descriptions. Apparently, we should also consider the media we advertise in to ensure we are reaching out to as wide a range of individuals as possible.

It seems clear we need to plan ahead to iron out any wrinkles (excuse the pun) in our employment policies.

We can be sure there are any number of professional advisers clambering to share their expertise.

We know the population is getting older, people are working longer. It's important our businesses reflect the community they represent. People do business with like minded people. Diversity, if we can achieve it, makes sense.

Louise Hewett

(Mature Dynamic!)