Q&As

If an employer imposes a higher excess for older employees on its company car benefit, on the basis that the insurers themselves impose a higher excess on older drivers (ie the employer is just passing on the costs imposed by the insurer), would this amount to unlawful discrimination on the grounds of age?

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Published on LexisPSL on 02/01/2019

The following Employment Q&A provides comprehensive and up to date legal information covering:

  • If an employer imposes a higher excess for older employees on its company car benefit, on the basis that the insurers themselves impose a higher excess on older drivers (ie the employer is just passing on the costs imposed by the insurer), would this amount to unlawful discrimination on the grounds of age?

For information on the protected characteristic of age, see Practice Note: Age, gender reassignment, race and sex—Age.

It is unlawful under the Equality Act 2010 (EqA 2010) for an employer to discriminate against one of its employees:

  1. as to the employee’s terms of employment

  2. in the way the employer affords the employee access, or by not affording the employee access, to opportunities for promotion, transfer or training or for receiving any other benefit, facility or service

  3. by subjecting the employee to any other detriment

The meaning of ‘to discriminate’ includes, amongst other things, direct d

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