Employment Law Update (March 2009)
Applicant “too old” at 50 wins claim
In a recent case brought on the grounds of age discrimination, a
man who applied for a job as an air traffic controller when he was
aged 50 but who was rejected because he was too old, has won his
claim.
The firm that runs air traffic control operates a policy that
means they will not consider applicants aged above 36.
Although this is clearly age discrimination, such discrimination
may be allowed if it can be objectively justified.
In this case, the firm claimed they could justify the age limit
on the grounds that applicants aged over 36 were less competent
than younger applicants. However, the employment tribunal
found that there was insufficient evidence that this was in fact
the case.
The case highlights that, although age discrimination laws allow
discrimination to take place if it can be justified, employers will
need good evidence to support their case if they are to succeed in
arguing "justification".