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04/05/2009

By linking an employee’s age to his failure to land the job of a lifetime employers may fall foul of age discrimination legislation. Lancashire Magazine

The second instalment of popular BBC1 series The Apprentice saw baby faced 21 year old Rocky Andrews get fired. In his reasoning Sir Alan Sugar said Rocky was “a bit too young and a bit too immature” to be considered for the appointment.

By linking an employee’s age to his failure to land the job of a lifetime employers may fall foul of age discrimination legislation and Sir Alan has shown just how easy it can be to slip up in scenarios such as interviews.

The Employment Equality (Age) Regulations 2006 makes it unlawful for an employer to discriminate against interview candidates on the grounds of their age, either directly by treating one candidate less favourably than another, or indirectly by the use of criteria which will put those of a certain age at a disadvantage.

Interestingly the Regulations apply not only to the actual age of candidates but also to the age they look.

The majority of age discrimination cases that are brought in the Employment Tribunal are by candidates who have been discriminated against because they are viewed as too old for a position, or at least something is said in the interview process which gives that impression. Interviewees should therefore be wary of any references being to them being ‘over-experienced’ or ‘lacking in youthful enthusiasm’ for example.

Although older individuals are more often the victims of age discrimination the legislation also protects the younger generation meaning that any reference to age is potentially discriminatory.

Unlike other claims that can be brought in the Employment Tribunal there is no minimum qualifying service required for a discrimination claim meaning that if Rocky had been in a real interview situation he could potentially pursue a claim.

If you feel that you may have been a victim of discrimination due to your age you should seek legal advice from a reputable solicitor who will be able to advise you of your options.

KBL’s employment team practice exclusively in employment law. We advise and assist individuals and businesses on the full range of employment law matters, adopting a straightforward approach. If you have a good claim we will let you know. Equally, we will let you know if we believe you may struggle to bring a claim successfully. We will always explore the funding arrangements. We frequently act for individuals via legal expenses insurance thereby reducing the costs the client has to pay.

For an informal discussion to discuss the aspects of your case please call John Hassells or Christine Hart on 01204 527777.