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Posted By Eric Burt
Just wondering if any colleagues have had to re-visit any of their policies or procedures in light of the recent age discrimination legislation.
Also - has any one claimed an exemption on health and safety grounds and if so, what aspect of the legislation did you use to do so?
Thanks,
Eric
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Posted By Kieran J Duignan
Eric
There's a specific clause in the new 'Equality' regulations on age discrimination that permits exemption on grounds of health and safety.
At the interface of health and safety risks and age discrimination, what is tricky is the possibility of 'indirect' discrimination not only in operations but also in selection or training activities. That is, where tasks may disadvantage particular age groups whom, according to avaialble research, lack what it takes physically or cognitively to do specified tasks safely.
Relevant examples and research are given in an article I wrote in the October 2006 issue of SHP.
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