Direct and indirect discrimination in practice

Applying for jobs

It is unlawful for an employer to advertise a job stating that the applicant must be a certain age. The only circumstance where it is lawful to directly discriminate in this way is where the individual’s age is a genuine occupational requirement (GOR) of the job (Part 1, Schedule 9 EA 2010).

Direct discrimination against job applicants is rarer than it used to be, but indirect discrimination in job offers is probably more common. This involves making offers of jobs dependent on criteria that are more difficult for older (or young workers) to meet than others.

The Chartered Society for Physiotherapists (CSP) guide, Equality & Diversity Toolkit — A practical guide for CSP stewards, managers and members, gives the example of Ryanair. It lost an age discrimination claim when it advertised for “a young and dynamic professional”. Their defence that the word “young” was intended to refer to energy and dynamism rather than age was unsuccessful.

The toolkit says that a requirement for IT qualifications, which are likely to be more common in younger workers than older, is an example of indirect discrimination. “The key test is whether or not the policy can be justified, and Employment Tribunal case law is developing in this area,” it explains.