Legal Conundrum

getmore4less

OK got there in the end sort of.

The big get out for the equality is "objectively justified"

medicals are justified probably on H&S grounds we want out truck an PSV driver to be fit to drive.

I suspect that medical frequency based on age can be objectively justified as any tendency for heath to deteriorate increases with age.

that should give you an idea of the sort of thing you need to look for, if not the actual reason it will be something similar that gets age related medicals a get out.

tykesi

Tony_H wrote: »

Drivers of HGV / PSV have to have a medical at 45, then every 5 years to 65 and annually after that.

Ok

Tony_H wrote: »

Now that time has come I think it's a little unfair that I will be financially worse off that colleagues under 45 year of age.

So what do you think will happen to them when they reach 45?

sangie595

Tony_H wrote: »

If I am financially worse of because of my age is that not (discrimination) which I believe is illegal?

By the dint of that argument, old age pensions are discriminatory because you can only claim them when old! And everyone should be able to claim child benefit because it discriminates in favor of people with parental responsibilities. In other words, no, it isn't discrimination.

Discrimination is the unlawful action of creating a difference between people based solely on the protected characteristic. What you describe cannot be unlawful because the law says it must be done. It is not based solely on the protected characteristic of age - the condition being monitored for is the cause of the action, and clearly something more likely to occur in older people.

Whether your employer pays for you to undertake this medical or not is a choice that they make. Whatever the test is, I will bet that some employers do pay for it, and others don't. That's not discrimination, just the way the world works!
................
Cross posted with the OP explaining the nature of the test. No, it isn't discrimination, as explained. In fact, one could argue that a similar test for all drivers might be in the public interest. Or at least, some form of medical clearance. That said, if a driver had some form of medical situation in control of a vehicle, I would prefer the speeding bullet heading straight at me to be a car and not an HGV!

And whilst I'm betting on things, I bet if you dig around, there's tax relief for this because it is employment related. Probably doesn't pay for the whole thing, but some of it.

Crazy_Jamie

To add to what sangie has said, on the face of it you are being told to incur this fee because of your age. I can entirely see why you think that that is discrimination. However, direct discrimination on the grounds of age (i.e. where you are treated less favourably because of your age) is the only type of direct discrimination that can be justified as being a proportionate means of achieving a legitimate aim (section 13(2) of the Equality Act 2010, if you're interested). In this case, the fact that the test is a legal requirement would clearly result in the 'discrimination' being a proportionate means of achieving a legitimate aim. So contrary to your initial assertion, there is no breaking of the law here at all.

steampowered

Discrimination can be perfectly legal. There are a series of exemptions in the Equality Act.

The Equality Act says "If the protected characteristic is age, A does not discriminate against B if A can show A's treatment of B to be a proportionate means of achieving a legitimate aim."

There was a recent case in which a law firm which had a policy of forcing people to retire was found to be justified, because it was necessary to force the older partners to retire in order to ensure that opportunities were available for younger lawyers (who would otherwise not want to join the firm).

Tony_H_3

Thank you very much for your opinions on this matter. I have taken on board what has been said and have made a visit to the HMRC website.

I have found form # P87 Income Tax: tax relief for expenses of employment and have discovered in my case I can claim:

1. CPC costs
2. Driver Card Costs
3. Medical Costs
4. Photographs
5. Postage

Thanks again

https://www.gov.uk/government/publications/income-tax-tax-relief-for-expenses-of-employment-p87