Age as a protected characteristic in Guernsey: what employers need to know

The States of Guernsey’s Phase 2 proposals to expand the Prevention of Discrimination Ordinance will introduce age as a protected characteristic, with implementation expected no earlier than Q3 2027. 

Employers should begin preparing now by reviewing recruitment processes, pay structures, benefits, redundancy criteria and workplace policies to ensure they are free from unjustified age bias. This includes examining job adverts and selection procedures for age‑related language and updating equal opportunities and anti‑harassment policies to reflect age as a forthcoming protected ground.

Although certain exceptions will remain, such as legitimate and proportionate business justifications or permitted length‑of‑service and pension‑related practices, employers should begin documenting where these apply to ensure compliance.

Justifying mandatory retirement ages

One of the most significant challenges will be the removal of mandatory retirement ages. Employers will no longer be able to impose a fixed retirement age unless they can objectively justify it. This requires demonstrating a legitimate aim, such as health and safety or succession planning, and ensuring that any approach taken is proportionate. Conversations about retirement will become more sensitive and legally risky, and employment contracts and staff handbooks will require substantial review and amendment.

Recruitment and promotion practices

Recruitment and promotion processes will need careful scrutiny. Subconscious bias may lead to favouring younger candidates perceived as more dynamic or older candidates perceived as more experienced, creating risks of indirect discrimination. Job adverts must avoid age‑coded language such as “young team,” “energetic,” or “digital native,” and promotion decisions must not be influenced by assumptions about an employee’s retirement plans or capability based on age.

Training managers

Training will be essential to ensure managers understand their responsibilities under the Ordinance. Line managers may unintentionally make age‑related comments or decisions that could be discriminatory, and performance management discussions must be framed objectively to avoid the perception of age bias. Regular, mandatory training will require both time and financial investment but will be crucial for compliance.

Workforce planning and legal compliance

Workforce planning will also become more complex. Employers can no longer assume when older employees will retire, which affects succession planning. Long‑term staffing models may need to be recalibrated, particularly in physically demanding roles or where age profiles influence workforce risk. Redundancy and organisational change processes must be designed carefully to avoid disadvantageing particular age groups.

Conclusion

The introduction of age as a protected characteristic will strengthen protections against discrimination, harassment and victimisation linked to age or age group. These changes aim to promote fairness, dignity and respect across all stages of employment, while recognising that limited age‑based practices may still be permissible where they serve a legitimate and proportionate aim. Employers and employees alike should familiarise themselves with the upcoming changes to support an inclusive and compliant workplace culture. 

Our Dispute Resolution team acts for both employers and employees in all employment matters, including contractual claims, dismissals and discrimination.