Apprenticeship requirements

Adele152

Hi I'm hoping someone can help with this as I can't find a definitive answer online.
A friend of mine is working for the local council as part of a scheme to get into work. It's a gardening role within the city. Recently an apprenticeship was advertised for this role for which he applied. He went through the interview process but was declined as he does not have a driving licence. 
My question is apprenticeships are open to all over 16, but a 16 year old would not have a driving licence as they are not old enough. He is 19 and currently taking driving lessons. Would this be classed as discrimination? How can they advertise for an apprenticeship with driving licence essential?
Hope this makes sense and any info appreciated 

tacpot12

This would be classed as age discrimination if a 16 year old had been denied access to the apprenticeship, because they could not have a driving licence. It would be an example of indirect discrimination. So a 16 year old applicant could make a claim for discrimination, but all the employer has to do to avoid the problem in the first place is to say in any advert that a driving licence is required. If they do this, then although it indirectly discriminates against 16 year olds, they can apply the criteria, providing they do so fairly; e.g. they don't agree that apprenticeship with someone that doesn't have a driving licence.

But a 19 year can't make a claim for age descrimination because it is not their age that is disqualifying them from the position, but the lack of a driving licence. 

If the original advert did not say that a driving licence was required, your friend could provide some friendly feedback to the HR department that it risks wasting time for the applicant and and the interviewers if an essential requirement is not stated on the advert.    

The best thing you can do for your friend is to reassure them that with a driving licence their employment prospects will be much improved.   
 

MovingForwards

In certain circumstances 16 year olds can have a licence:
https://www.gov.uk/driving-lessons-learning-to-drive

BrassicWoman

Apprenticeships can be for any age these days. Not just school leavers.

Marcon

Adele152 said:

My question is apprenticeships are open to all over 16, but a 16 year old would not have a driving licence as they are not old enough. He is 19 and currently taking driving lessons. Would this be classed as discrimination? How can they advertise for an apprenticeship with driving licence essential?

If this role involves travelling around the city, doubtless with gardening implements, plants etc, then a driving licence is going to be necessary. 

Not all applicants will meet the essential criteria for any particular apprentice role, nor does an advertiser have to ensure that anyone who is eligible to take up an apprenticeship could meet the minimum requirements - they simply have to be able to justify any age constraints. For example, a bookmaker might advertise for an apprentice, but the law sets a minimum age of 18 for anyone who simply wants to enter a bookie's shop. 

Andy_L

If the need for a driving licence is objectively necessary (see Marcon's post for why it could be) then, although it is age discrimination, it is not illegal age discrimination