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In the recent case of (the pleasingly named) Rainbow v Milton Keynes Council, the Council, who advertised for candidates ‘in the first five years of their career’ committed an act of indirect age discrimination by failing to shortlist a 61 year old claimant with 34 years’ experience for the position, The Bedford Employment Tribunal held recently.
It was understandable that people of her age were likely to have had far more experience and, therefore be put at a disadvantage when compared with other applicants.
The employer failed to prove that the decision to appoint a cheaper less experienced employee was taken on the basis of cost.
The respondent argued that the Tribunal had to recognize simple economic considerations to form the basis of a ‘justification’ defence which is available under the Age Equality legislation.
However the Tribunal decided to follow the case of Cross v British Airways plc 2005 where it was held by the Employment Appeal Tribunal that costs can provide the basis for objective consideration, provided it is combined with other factors.
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