Although this issue has not yet been decided in case law, any treatment or practices which disadvantage workers of a particular age group are potentially discriminatory. An employment tribunal would have to consider the employer’s reasons for this policy to decide if it was justified or not.

The health and safety of employees is considered a ‘legitimate aim’ for an employer when deciding whether or not treatment is justified. The question the tribunal would then consider is whether there is any less discriminatory way for them to go about achieving that aim. If so, then it is likely to be unlawful.

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