In brief
Employers who fail to provide health insurance for workers over 65 because of high expense could be liable for age discrimination claims. Geraldine Elliot, head of employment at Reynolds Porter Chamberlain, says: “Although treating staff differently on the basis of their age can be justified under age discrimination legislation, employers can only do so to pursue a legitimate aim and if the means it is using are proportionate.” Although firms may be able to justify not providing health cover due to expense, they should be aware of age discrimination liabilities. Elliot suggests companies invest in self-funding treatment or selfinsuring PHI cover for workers to protect themselves from discrimination claims.
