By Nicos Christophides, Aristide Mingozzi, Paolo Toth, Claudio Sandi (eds.)
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The DTI (2006) has stated that business need or considerations of efficiency may be legitimate reasons, but not expense alone. This is also problematic because the line between expense and efficiency may be hard to draw. The main aim of a business is to make money and that may be described as the ultimate business need. If saving money is not a legitimate aim for a business it is hard to see what might be. There are two responses to this. First, it may simply be denied that older workers cost more to business; and much evidence has been produced showing the benefits to employers of a diverse workforce, with claims that older workers stay in their jobs longer and are less often absent (Fredman 2003).
13) the test of objective justification will not be an easy one to satisfy. The principle remains that different treatment on grounds of age will be unlawful: treating people differently on grounds of age will be possible but only exceptionally and only for good reasons. In Palacios de la Villa v. Cortefiel Servicios (2007) the European Court of Justice rejected an argument that age discrimination should be regarded 30 Age Discrimination and the Law as easier to justify than sex or race discrimination.
Human resource-management policies and practices are critical to managing a diverse workforce (D’Netto and Sohal 1999). DeCieri et al. (2008) have established that the core activities of human resource management, such as employee recruitment and retention, remuneration, training and development, performance management, workforce planning and industrial relations, need to be configured to promote diversity and to encourage positive attitudes regarding diversity within the organisation. One important component of this is, as discussed earlier, the need to provide temporal, numerical and functional flexibility and to adapt job design to suit the positions to which older workers are promoted.