S.L. 452.95 Art. 5Difference of treatment on grounds of age.

(1) Notwithstanding regulation 3(1) and (2), difference of treatment on the ground of age shall not constitute discriminatory treatment if -

(a) such differences are objectively and reasonably justified by a legitimate aim, including a legitimate employment policy, labour market and vocational training objectives; and

(b) if the means of achieving that aim are appropriate and necessary.

(2) Non-discriminatory differences of treatment referred to in subregulation (1) may include:

(a) the setting of special conditions on access to employment and vocational training, including dismissal and remuneration conditions, for young people, older workers and persons with caring responsibilities in order to promote their vocational integration or ensure their protection;

(b) the fixing of minimum conditions of age, professional experience or seniority in service for access to employment or to certain advantages linked to employment;

(c) the fixing of a maximum age for recruitment which is based on the training requirements of the post in question or the need for a reasonable period of employment before retirement.