To think this job advert is illegal

[Topaz25]

I saw this on my local gumtree:

"Looking for a reliable and honest professional domestic house cleaner every fortnightly fridays for 3 hours. General duties such as cleaning, ironing, etc.

Applicants must be aged 30 yrs plus

A schedule will be given and the person must be CRB checked and references A MUST!! "

Isn't it illegal for them to discriminate on the basis of age or is it allowed because they are a private individual hiring rather than a company?

Love the fact that they are asking for a CRB when those were abolished years ago.

And its an offence to ask for a DBS for other than the listed occupations.
House cleaner is not one of them.

They are asking for a self-employed cleaner, therefore employment law doesn't come into it.

Nobody would go to the trouble and expense of becoming an employer just to get a cleaner in when there are so many self-employed ones or cleaning services who do the employment part for you,who are set up to save you the HUGE task of employing a person directly.

You can hire a self-employed person under any criteria as you either want/don't want the service they are selling, you vote with your feet if it's not what you wanted, the law doesn't come into it unless they are an employee.

No, it's not OK. You can only specify age (or sex) if there is a valid reason for it (see reputable ads which state when they are relying on eg a personal care exemption).

Try this: "maybe they've had a bad experience with a black cleaner and would prefer someone paler and more sensible?" It's wrong in exactly the same way as ageism is wrong.

"the law doesn't come into it unless they are an employee"

I thought the law came in to all provision of goods and services?

They are asking for a self-employed cleaner, therefore employment law doesn't come into it

I don't see anything in the advert to suggest they want a self employed cleaner. Even if they do the Equality Act still applies. A principal (in this case the advertiser) may not discriminate against a contract worker.

Regarding the DBS check, a self employed person can get one from disclosure Scotland, I have one. I was considering applying for the job but I'm apparently not old enough. I was just interested in whether this sort of thing was allowed as it seemed wrong.

I do realise I am probably better off not applying anyway as the employer does seem a bit difficult.

Viking - Try this: "maybe they've had a bad experience with a black cleaner and would prefer someone paler and more sensible?" It's wrong in exactly the same way as ageism is wrong.

Quite right - hadn't thought about it in that way, but I wonder if something like that is what they are thinking.

a self employed person can get one from disclosure Scotland

That will show unspent convictions. The reference to CRB suggests that the advertiser wishes to know about spent convictions. For a cleaning job that is almost certainly a breach of the Rehabilitation of Offenders Act.

Deffo. I'm 29 been driving 12 years never had an accident but my car was broken into so I have a claim on mine 3 years ago. Hubby is 33 been driving nearly 27 years, has a lorry licence and all, never had an accident or a claim ever and his premiums are higher. Ex hubby only had one accident in 14 years driving and he wasn't blameworthy so not a claim but his are higher than mine. My grans had 7 accidents in 4 years all blameworthy and her premium is only 20 quid higher than my hubby's and she's only been driving 11 years

"That will show unspent convictions. The reference to CRB suggests that the advertiser wishes to know about spent convictions. For a cleaning job that is almost certainly a breach of the Rehabilitation of Offenders Act."

Surely that depends if a cleaner is coming into direct contact with vunerable people. A cleaner in a school has a DBS check if they are working during school hours. I had an enhanced DBS check when I worked as an IT technician even though I had no direct contact with the kids.

I am pretty certain that home helps provided by help the aged have had a DBS check.

Oh for God's sake OP. It's just a cleaner! For a household...we're not talking about some corporation here.

The law applies just as much to people employing people to work in their household as it does to corporations.

It may be illegal,but i wish firms were allowed to say what they really want, it would save a lot of reading between the lines.
the job also does not say females only - yet assume a man need not apply ?

Otherwise all the job has to add is "ideally " before every caveat .

btw what kind of references is one expected to provide - if like me,one has spent 25 years running their own company and have no recent employers to refer to.

Surely that depends if a cleaner is coming into direct contact with vunerable people

No it doesn't. It depends if the role is included in the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 and, for an enhanced check, the Police Act 1997 (Criminal Records) Regulations. There are a few situations where an employer may be entitled to ask a cleaner about spent convictions. None of these apply to a domestic house cleaner regardless of who is in the house at the time they are working.