There's nothing crazy about new age laws

I refer to the letters appearing in the last two issues of Caterer about the "crazy" ramifications arising from the new age discrimination legislation.

In fact, nothing in the legislation requires an employer to remove the date of birth question from application forms. It is simply good practice to help avoid allegations that someone's age led to their being rejected for a post. However, if the date of birth is needed only to identify candidates with the same name, say, there is nothing at all wrong with keeping the information.

Furthermore, unlike all other discrimination laws, it is possible to justify treatment that would otherwise be unlawful direct discrimination, provided the treatment is a proportionate means of achieving a legitimate aim. So, it is legal to refuse to employ someone aged under 18 for bar work in order to comply with the licensing rules.

David Appleton
Partner, Lewis Silkin solicitors

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