A local authority that advertised for candidates in "the first five years of their career" indirectly discriminated against a 61-year old applicant who was not shortlisted, according to an employment tribunal.
In Rainbow v Milton Keynes Council ET/1200104/07, the claimant was a 61-year old teacher who had 34 years' teaching experience. Although the tribunal rejected her claim for direct age discrimination, it found that the local authority had indirectly discriminated against her on the grounds of age. The requirement applied equally to applicants of any age, but it put older individuals at a disadvantage because they were much more likely to have more than five years' experience.
The tribunal rejected the local authority's argument that appointing a less experienced employee who would not have to be paid as much was objectively justified on the ground of cost. The employer failed to provide evidence that it could only afford to employ a less experienced person. In any event, it is well established that cost issues alone are unlikely to justify discrimination.
Read more about the decision on the Agebusters website.
|
| Permalink | Email this |
