Q: Can employers put a ceiling of 50 years of age when advertising for staff?
Aug 04 2006
Answered by: Peter Done Ask a question
It would be unwise to do so for three reasons.
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 Employment Equality (Age) Regulations 2006 which 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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