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AGE DISCRIMINATION
One of a series of exclusive articles Alan Johnson is writing for Personnel Today in the run up to the age discrimination regulations
The new age discrimination laws recognise that differences of treatment on the grounds of age can sometimes be justified. It would be wrong to deny H R professionals the ability to take an age-based approach to setting policy where it can be objectively justified. However, arbitrary age-based decisions not supported by evidence will not be allowed.
Legitimate aims
Objective justification is a tough test. Employers will need to show that any agebased measure they take is a proportionate way of achieving a legitimate aim. If the legitimate aim can be achieved by non-discriminatory means this must take precedence. The discriminatory effect of any age-based practice should be significantly outweighed by the benefits of a legitimate aim.
A wide variety of aims may be considered legitimate, but they must correspond with a reasonable need on the part of the employer. Economic factors such as business needs...