The WRC found that CPL Healthcare Limited did not discriminate against Rom Hyde when it stopped his application to become a contact tracer because he was over 70. The decision was dated 7 June 2022.
CPL said it followed public health and occupational health advice during the Covid-19 pandemic, when contact tracers worked in on-site units. It argued the temporary restriction protected staff and applicants at higher risk. Hyde said he was fit to work and had been unfairly excluded because of his age.
The adjudication officer found that Hyde had established an initial case of age discrimination because the agency excluded him from the next recruitment stage solely on age grounds. The officer accepted that the temporary restriction was a genuine occupational requirement and proportionate to the aim of protecting health and safety.