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Job Descriptions - Words not to Use- 01/10/2010
In a recruitment situation the employer had just “younger” in the job specification. The EAT has held that where the word “younger” had been referred to in a document this was capable of putting the burden on the employer to show why this would not amount to age discrimination. Even though the employer had produced a short list in which many of the candidates were older than the employee who brought the age discrimination claim, the Tribunal found that this was not sufficient to discharge the burden and that by use of the word younger then age discrimination was inherently likely.