The Employment Equality (Age) Regulations 2006 came into force last Sunday. Has anyone had any proper legal advice on this yet? I know one ‘Network’ member has just had an investigation launched against him for specifying ‘over 21′ in a job advert for drivers.
There’s a ‘get-out’ in the legislation that allows employers to discriminate if it achieves a ‘legitimate aim’ which apparently means: “Economic factors such as business needs and efficiency. The health, welfare and safety of the individual (including protection of young people or older workers). The particular training requirements of the job.”
You need to be able to show, in writing, why a decision was made to discriminate and have actual hard evidence that supports the decision-making process.
The problem is that there’s no case law on this yet and until there is it will be down to individuals to decide whether knocking a few thousand pounds off an insurance premium is a good enough “business need” to justify discrimination. There doesn’t seem to be much agreement in the legal profession about this either.
Certainly saving a few thousand pounds a year would not be any justification for racial, sex or disability discrimination, so logically the same would hold true for age discrimination, although the laws are worded very differently.
Posted under Employment, Legal Issues, Uncategorized
Posted by Alec at 1:10 pm, October 5, 2006