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Age Discrimination statute v Young Workers policy.
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Posted By James Perry
As of October 2006 it becomes unlawful to discriminate against anyone based on their age.
We currently have a young workers policy, which dictates that Young Workers (i.e. 16-17 year olds) will not be employed as technicians (most work 12 shifts, days and nights).
Whilst this is in line with statute (WTD, HASAW, etc), it niggles that we could be picked up on it when advertising or refusing applications.
Has anyone an amended Young Workers policy (including this change) that they would be willing to share, or any other advice or opinion?
Regards
Jim
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Posted By Kieran J Duignan
Jim
I believe that genuine safety considerations can validly justify discrimination in this kind of situation.
Check with ACAS at this stage.
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Posted By Stupendous Man
Agree with Kieran - you cannot allow someone to be exposed to unacceptable levels of risk in the name of preventing 'age discrimination' (same goes for race and disability).
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Posted By Frank Hallett
Hi James
1st, please read MHSW Regs - Reg 19 and the associated ACoP. Remember that H&S takes precedence as it is criminal law and discrimination is civil law.
2nd, as necessary, get competent assistance to ensure that your Reg 19 RAs are suitable, fully supported by the young persons job description & job specification, and actually work as intended.
Frank Hallett
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Posted By James Perry
Thank you all, I appreciate the advice.
Regards
Jim
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Posted By Hilary Marchant
James
Don't forget to check with your EL insurers and the small print in the Employers Liability policy.
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Posted By peter gotch
Hi James,
Plenty of case law world wide to confirm that you need to strike an appropriate balance between safety requirements and discrimination policies, particularly where the safety requirements are not spelled out in legislative print, i.e. are what you conclude from risk assessment as being apparently necessary.
Regards, Peter
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Age Discrimination statute v Young Workers policy.
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