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Loopholes...

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geusswho | 11:23 Tue 03rd Feb 2009 | Law
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Hi all,

Sorry if this is the wrong place to post this...

Is this classed as a viable loophole? - "You can't not employ me just becuase of my age because you didn't post an age restriction in the Job Advertisement, on your Web Site, or on the Phone?"

Thanks for any help in advance.
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hi geusswho - mre information is needed. Firstly you question dosent make much sense - a loophole to what? how old is the person? what is the job? Is it an age restricted job?
It is illegal for any employer to not employ someone purely on the basis of their age, unless there are justifying circumstances (e.g. a long training period, or working in a licensed premises).

Any age restrictions should be mentioned in the job advertisment, otherwise it is fair to assume that the job is open to people of any age.

Age Concern may be able to advise you further. There's some useful info on their website, for both employers and employees:- http://www.ageconcern.org.uk/AgeConcern/age_di scrimination.asp
Question Author
Thanks for your replies...

The Job Vacancy is for a Non Emergency Ambulance Care Assistant, basically transporting people to appointments etc..

The job applicant is 16...
If this is to assist the persons using the service to get into and out of the vehicle. I would think 16 is a bit too young for such a job.
And what are you trying to achieve?

Has the 16 year old been refused and told that she is too young?

Does the job involve driving a vehicle or is a full driving licence a requirement of the job?
This is bizarre but it MAY be a legal requirement for those adults being transported to undergo CRB checks before an under 18 can work with them, which of course just is not feasible.
Question Author
Schutzengel - I imagine this would be part of the Job Description, but again, there is no restrictions, and I really want to do this job....

Oneeyedvic - No, the 16 year old rang up about the job, and was told to send in a CV, And as there are two people on the Ambulance, the Driving liscence shouldnt be required....

Ethel - I suppoe ths is a possibility, but I'm not sure weathethis would be the case... not sure though...

I know a care home had to turn down a 16 year old they were keen to employ when they found they would have to get a CRB for every resident
Question Author
Oh :-S
It is probably an insurance issue when i worked at the beeb you couldnt drive a hire car under 23 years old for insurance reasons. I wonder how a 16 year old would have the experience for that job through interview process to get that job - he or she probably didnt meet the requirements on the person spec of the job description.

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