We currently award additional long service leave in line with the Green Book provisions which recognises service with other Modification Order bodies. Do we have to justify why we do this?
The potential problem with providing additional benefits based on service is that it could be indirectly discriminatory against younger people. However, under the Equality Act 2010 employers can justify seniority in service as a legitimate tool for attracting, retaining and rewarding experienced staff and maintaining workforce stability. The Equality Act therefore provides that any benefit based on a length of service requirement of 5 years or less is lawful. In addition, the Act says that it won’t be unlawful to provide different levels of benefit based on length of service of more than 5 years where the employer “reasonably believes that doing so will fulfil a business need” , e.g. by encouraging loyalty, increasing motivation, or rewarding the experience of some or all of your workers. Nevertheless, an employer would need evidence to conclude that there is a benefit to the organisation from providing rewards directly linked to age. There is an obligation on the employer to objective
