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Could I be sued for age discrimination?

26 replies

GlitterNails · 10/08/2017 17:42

I am currently recruiting for a personal assistant/carer and am disabled.

I placed an advert, and from that offered some interviews. I was then out with a friend and she mentioned I may have trouble insuring anyone under 25 on my car (an adapted Motability car.)

I just called them to check, and they said that was the case because of the size. They then told me I shouldn't have 'chosen' that car if this would be an issue. I said I didn't choose the car - it's the only size that fits a large hoist and wheelchair.

Anyway, I then called ACAS to get advice, and asked if it would it be legal for me to email those I've offered an interview to check they're aged over 25. He told me it wouldn't be, and they could sue me for denying them a job opportunity.

The problem is driving is a large part of the role, and it has to be my car, not any old car because it's adapted for me, and obviously it fits my wheelchair.

I was really surprised as I assumed it would be a good enough justification to get around the law. He then said it might be, but I'd need to hire an employment solicitor to look at it and decide for me. I don't have the money for that. He then suggested CAB - but you have to queue for hours first thing in the morning, which I also can't do.

So I'm a little frustrated and worried now! I know they might not sue me, but it would be me personally, and I don't want to get it trouble.

Can anyone advise at all please?

OP posts:
OoohSmooch · 11/08/2017 22:39

At this stage where you have invited candidates to interview....the easist way around it in terms of stealthily finding out their actual age is ask for them to bring their right to work in the UK to the interview (in most cases their passport).

Only commenting on this part as I'm tired (new mum!) but agree with a lot of the above in terms of legalities due to your insurance (I work in HR).

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