Rights for unreliable workers

Much hilarity has greeted the refusal this week of a Norfolk Jobcentre to publish an ad for a reliable cleaner. The phrase, ''must be very reliable and hard-working'' was rejected on the grounds that it may discriminate against unreliable people.

If there are any unreliable people reading this, we are sorry to say that you have no special legal protection. We have checked. And having recovered our composure, we began to wonder what on earth the Jobcentre manager was worried about. Disability claims maybe? On balance we think it is more likely to be to do with ageism. The thought process may have gone something like this – young people are unreliable, so anything that weeds out unreliable people must be age discrimination.

Adverts all too often ask for staff who are enthusiastic or dynamic, by which they mean young, or at least “younger than me”. And although many employers now boast of having a more mature workforce, we are rarely asked to check over adverts for mature, steady, experienced or – here it comes – “reliable” staff.

It is all rather reminiscent of the scrape Ryanair got into when age discrimination was first introduced, and they were pulled up by the Irish Equality Authority over an advert for “young and dynamic” staff. Because the Equality Authority there has novel powers, they were fined, ordered to tell all their staff, had to review their equal opportunities policy and publish a statement in the Irish Times confirming their commitment to the various strands of equality law in Ireland. It ran:

“So here goes. We solemnly swear that Ryanair does not discriminate on the grounds of race, colour, ethnic or national origin, sex, marital status, sexual orientation, age, disability or membership of the Travelling Community.”

It added that Ryanair would continue to be an equal opportunities employer, and “only discriminate by selecting the best person for the job! Even if they happen to be young, dynamic and enthusiastic!”

Hopefully no similar statement is required in this case, ending in the words “even if they happen to be reliable“. For advice and guidance on unreliable staff, contact Eoin Fowell on 01752 292350 or James Twine on 01752 292351.