| Commentary

56 Age discrimination

| Commentary

56 Age discrimination

It is unlawful for an employer to discriminate against a person in the arrangements he makes for the purpose of determining to whom he should offer employment on the grounds of age, where such discriminatory treatment, provision, criterion or practice is not a proportionate means of achieving a ‘legitimate aim’1. It has been held, in relation to the parallel provisions in the Sex Discrimination Act 1975, that an advertisement may form part of such arrangements2, and it is unlawful for a person to knowingly aid an employer to unlawfully discriminate on the grounds of age3.

While a person

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