Hi Karen,

 

An interesting one! I haven’t been asked anything similar, but have been asked to advise on the justification for age-related health assessment – a little easier.

 

Of course certain health conditions are associated with ageing, but incidence cannot be applied to populations with any degree of certainty or linear scale.

 

In relation to setting a retirement age, I guess it will depend upon what an ET or EAT assess in relation to that proportionate means of achieving that legitimate aim. I’m not sure if anything like this has been tested yet.

 

From what you say, we are talking physically active roles. Where that is a vital requirement of the role, e.g. emergency services or Armed Forces, I can see why this question would be asked. Although physiologically, we deteriorate with age, we don’t do so uniformly, associated with a specific age. Increased health assessment with age is probably justifiable, but I suspect a retirement age is not. I know that there are some on jisc who work in these environments, so perhaps they could enlighten us as to what they do, if anything.

 

The other end of that spectrum in this context, would be something where ‘youth’ is vital to a role, e.g. modelling certain products, when youth is ‘part of the brand’. Setting an age limit, may in these circumstances be a proportionate means of achieving that legitimate aim – but I’m sure would be challenged. This example may be slightly spurious, as I guess employment contracts are different in those environments.

 

Matt

 

 

I have been asked by a customer to provide advice on whether a health condition is associated with ageing, similar to advice on whether a condition is likely to fall under the EQ. They are coming from the fact it is a protected characteristic under the EqA and want to make a case for setting retirement age via justification as a proportionate means of achieving a legitimate aim (in their case workforce planning as many of the older workers are restricted from certain physical duties).

 

Has anyone else been asked to do this as part of case management or indeed does it routinely?

 

I have my own thoughts on whether this is appropriate but would be interested to hear other views or experiences.

 

Many thanks

Karen

 

 

 

 

 

 

 

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