Q I run a nursery that prides itself on its young and modern approach.
Recently I have been recruiting a further nursery teacher and have received an application from a woman in her early sixties. She has a lot of experience but I feel that she would not fit in with the ethos of the school because of her age. I do not want to take her on, but I am worried about age discrimination.
A It is currently not unlawful to discriminate against someone on the grounds of their age, so you could, strictly speaking, decide not to employ this applicant on these grounds.
However, it would not be good employment practice to reject someone purely because of their age. You should treat her in the same way as any other applicant by considering the merits of her overall application and interviewing her if appropriate.
From next October, age discrimination laws will come into force and there will be a default retirement age of 65. Therefore, a decision not to hire this woman on the grounds of her age after October 2006 is likely to be unlawful.
Age discrimination will apply to younger people as well as older people. In the run-up to the new legislation coming into force, it would be wise to check your contractual documentation and to seek advice on the scope of the changes, as they cover not only recruitment but also discrimination in employment and retirement ages.
* The advice given in this column is for guidance only. Nursery World readers should not place reliance upon it or take action without obtaining further advice relating to their specific and individual circumstances.
Contacts
Christine Betts
* Veale Wasbrough Lawyers, Orchard Court, Orchard Lane, Bristol BS1 5WS, tel: 0117 925 2020, fax: 0117 925 2025, e-mail: cbetts@vwl.co.uk, website: www.vwl.co.uk
Nursery World
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