Employment Law SOS: recruiting younger workers

1 min read

Q We've extended our finished goods warehouse and I need to recruit two more people. Currently, the average age of that team is 52: we really want to attract young candidates but how can we do this without breaking any laws?

The answer hinges on why you want to attract young candidates to this particular department, as there is the very real risk of receiving an age discrimination claim if it is not handled correctly. It is possible to justify rejecting applicants on grounds of their age if you can prove that such treatment or practice is a "proportionate means of achieving a legitimate aim". This means you would need to convince a judge that it corresponds to a real business need, is appropriate and necessary to achieve the objective pursued, and that it is not a disproportionate means of achieving this objective. However, it is generally recognised that best practice is to avoid any discrimination element rather than trying to justify it at a later date. You should focus on each applicant's skills and abilities to do the job that is being advertised. You need to be able to defend any decision you make on objective criteria that directly relate to the job you are recruiting for. This then leaves the way the job advert is worded, the content of the relevant job description and the interview process. It may be possible to make the job sound appealing to a particular age group, or use a recruitment method to try to attract younger applicants who are suitably qualified, as long as it doesn't exclude any other age group. You should also avoid descriptions or criteria which could be interpreted as being an age discriminatory.