Probably. Legislation, in force from October 2006 makes it unlawful to treat people differently on grounds of their age, unless such treatment falls within one of the exemptions, or can be 'objectively justified' (see question 3).
Half of the exemptions relate to differential treatment (by age) of people who are already on the payroll: for instance, there is a general exemption allowing you to reward loyalty and experience, provided that:
- you expect business benefits from doing so, and
- the criteria apply equally to all employees in the same situation.
The other exemptions are tightly defined: for instance, there is an exemption where it is necessary to comply with other legislation, or where there is a genuine occupational qualification. If the age group you wish to attract is under-employed in your area, you might be able to rely on the exemption for 'positive action', but don't count on it, or not without talking it through with your lawyers first.
Ask about indirect sex discrimination, too. If you decline to take on older workers who have had 'career breaks', the majority are likely to be women who have taken time off to care for their children during their early years.
