Should an employer take into account an employee's age when setting targets or assessing performance?

An employee's age is unlikely to be a relevant factor for an employer to take into account when setting targets or assessing performance. Employers should be aware of the risk of age discrimination if, for example, a younger employee is set a more challenging target than a comparable older employee. Employers should treat employees of different ages fairly and consistently; any more favourable treatment of one age group over another must be objectively justified to avoid unlawful age discrimination.

If an employer has concerns about an employee's performance, it should address these using the appropriate procedure, regardless of the employee's age.