We're looking for a new MD. It will take him (or her) a couple of years to find his feet, and we want at least five years' work thereafter. Do we have to consider people of 60-plus?

 

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Suki Harrar

9. We're looking for a new MD. It will take him (or her) a couple of years to find his feet, and we want at least five years' work thereafter. Do we have to consider people of 60-plus?

This might be one of those occasions when a decision to treat people differently on the grounds of age may be justified (see question one, above, and question 27, below). The consultation document discussing the legislation did suggest that the need to get a reasonable period of employment out of someone ahead of retirement might be a justifiable reason for imposing age limits on potential recruits. However, the legislation is still so new, and the arguments for justification rely so much on individual circumstances, that it would be wise to obtain legal advice before going ahead.