Is it possible for an employer to justify age discrimination?
Under the Equality Act 2010, it is possible for an employer to justify direct and indirect age discrimination if the treatment or provision in question is a proportionate means of achieving a legitimate aim. This potential to justify direct age discrimination is a unique provision in discrimination legislation, as usually only indirect discrimination can be justified. The test for justification is an objective one, which means that an employer is required to show that the treatment or provision corresponds to a real business need, and is appropriate, balanced and necessary to achieve a valid goal.
