The European Court of Justice has held that use of zero hours contracts for young workers with automatic dismissal at age 25 was not unlawful age discrimination.
The individual, in this case, was employed on an ‘on-call’ employment contract (referred to in the UK as zero hours contracts). He was notified that his employment had been terminated on the date of his 25th birthday, because, from that date his employment no longer complied with Italian law, which required a young worker on an on-call contract to be dismissed as soon as they reached age 25.
He brought a claim alleging that his contract and his dismissal were unlawful and asked for reinstatement. This was refused and he appealed. The appeal court said that both the on-call employment contract and his dismissal were discriminatory.
A further appeal was made and the Court asked the European Court of Justice to clarify whether the relevant Italian law breached European age discrimination law.
Automatic dismissal was not age discriminatory
The European Court of Justice said that the relevant Italian law was not age discriminatory.
It said that it was probable that the individual was a worker, largely because he has worked regular hours. It said that the relevant Italian law does treat the under-25s less favourably. There was a clear difference in treatment: the under 25s could be engaged on on-call contracts in any circumstances, without conditions, and faced automatic dismissal on reaching 25.
The European Court of Justice said that the relevant Italian law pursues a legitimate aim of facilitating the entry of young people to the labour market. The court had regard to the difficulties in the Italian labour market, including that young people find it difficult to enter the labour market due to a lack of professional experience. The relevant Italian law, it said, seeks to facilitate younger people gaining professional experience and so entering the labour market.
The court also said that it was an appropriate and necessary means of achieving the legitimate aim, including for the following reasons:
It was possible to take the view that employers may be encouraged to hire younger workers if they know that they can do so using more flexible, and cheaper, contractual arrangements than the norm.
In the context of a labour market in difficulty such as the one in Italy, it is preferable for a younger person to have flexible and temporary work than be unemployed.
If the ability to automatically dismiss people when they reach age 25 did not exist, meaning that the employer had to keep employing such people, the employer would not be in a position to offer work to new, under 25, workers.
Case reference: Abercrombie & Fitch Italia Srl v Bordonaro
Its all about the people...in your business that is...
We at Kirsty Craig Associates understand what its like running a business - the issues that arise…
Post articles and opinions on Manchester Professionals
to attract new clients and referrals. Feature in newsletters.
Join for free today and upload your articles for new contacts to read and enquire further.
