A recent case in the Employment Appeal Tribunal (EAT) highlights that careful wording must be used during recruitment to avoid possible discrimination.
Mr Beck was employed as Head of Marketing by a Canadian Bank. The Bank dismissed Mr Beck on the grounds of redundancy. Mr Beck was 42 years old. Following his dismissal the Bank instructed an employment agency to recruit a replacement for Mr Beck. In the person specification it stated that the Bank wished to recruit a 'younger' individual. The Bank's Head of HR disagreed with the wording.
The Tribunal concluded that Mr Beck's redundancy was a sham and his dismissal unfair. In addition, it held that he had been discriminated against on the grounds of age. The Bank appealed. The Employment Appeals Tribunal in dismissing this appeal held that use of the word 'younger' in the person specification constituted the 'clearest possible evidence of potential age discrimination'.
Best Practice
A useful reminder that employers should carefully consider internal documents such as job specifications, as well as the wording of advertisements.
For further information on recruitment best practice, please contact Gemma Cawthray on 0117 314 5266.
This publication is for guidance only. Reliance should not be placed upon it and nor should action be taken, without obtaining advice in respect of the specific circumstances applicable. We will be pleased to provide such advice or assistance.
