McDowell): The Employment Equality Act 1998 prohibited discrimination in vocational training and employment on nine grounds including the ground of age. Section 6(3) of the Act confined the application of the age ground to persons aged between 18 and 65 years. Following amendments to the Employment Equality Act 1998 under the Equality Act 2004, the purpose of which, inter alia, was to give effect to Directive 2000/78/EC establishing a general framework for equal treatment in employment and occupation, both the 18 and 65 year age limits have been removed and the provisions of the Act on the age ground are now extended to persons who have reached the maximum age at which there is a statutory obligation to attend school.
At the same time, Article 6.1 of the directive permits differences of treatment on the ground of age if, within the context of national law they are objectively and reasonably justified by a legitimate aim, including legitimate employment policy, labour market and vocational training objectives, and if the means of achieving that aim are appropriate and necessary. In this regard, with respect to the employment rights of younger employees, the provisions of both the National Minimum Wage Act 2000 and the Protection of Young Persons (Employment) Act 1996 are subject to exclusions under section 17(4) of the Employment Equality Act as amended. The setting of minimum hourly rates of pay under the National Minimum Wage Act 2000 is a matter for the Minister for Enterprise, Trade and Employment.
