Statement of Service
Age related flexible benefits package - discriminatory or not?
The Employment (Equality) Age Regulations 2006 prohibit direct discrimination on grounds of age, unless this is objectively justified (regulation 3). Direct discrimination takes place if an employer treats an employee less favourably than it would treat or treats a comparator on the grounds of the employee's age.
Direct discrimination can be objectively justified where the treatment is a proportionate means of achieving a legitimate aim. Examples of legitimate aims which might justify age discrimination are:
- facilitation of employment planning;
encouraging and rewarding loyalty; and
recruiting or retaining older people.
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Related Links
Workplace Law
www.workplacelaw.net
May 9, 2008
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