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Age and employment

Sep 13 2006

It would be unwise to put an age ceiling on recruitment for two reasons currently and a third one from the 1st October 2006. Firstly, there are many 50-year-olds who are supremely fit, quick and active and many 40-year-olds who are not, therefore using a stated age is inadvisable as it would rule out many suitable candidates.

Secondly, there is currently in existence a code of practice advising against age discrimination which a Tribunal would take into account, should a Tribunal claim arise. Although the code is not of itself law, breaches of it would nevertheless have to be justified.

Thirdly and perhaps most importantly is the imminence of the 1st October 2006 and the Employment Equality (Age) Regulations 2006 coming into force which will outlaw age discrimination. It covers all ages, young as well as old. Expressions such as “office junior” and “mature person” are unlikely to be acceptable.

Unless a specific age is relevant under other legislation such as National Minimum Wage rates and driving rules; it is highly unlikely that you would be able to objectively justify a 50 years of age cut-off, if only for the first two reasons above.

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