Unlawful age discrimination Part 4 Discrimination in work Division 2 Section 21 Exemption for inherent requirements (2) Paragraph (1)(b) does not make it unlawful for a principal to discriminate against another person, on the ground of the other person’s age, if the other person is unable to carry out the inherent requirements of a contract worker because of his or her age. (3) In deciding whether the other person is unable to carry out those requirements because of his or her age, take into account: (a) the other person’s past training, qualifications and experience relevant to working as a contract worker; and (b) if the other person is already working for the principal as a contract worker—the other person’s performance as a contract worker; and (c) all other relevant factors that it is reasonable to take into account. Definitions (4) In this section: contract worker means a person who does work for another person under a contract between the employer of the first-mentioned person and that other person. principal, in relation to a contract worker, means a person for whom the contract worker does work under a contract between the employer of the contract worker and the person. 21 Partnerships (1) It is unlawful for 6 or more persons who are proposing to form themselves into a partnership to discriminate against another person on the ground of the other person’s age: (a) in determining who should be invited to become a partner in the partnership; or (b) in the terms or conditions on which the other person is invited to become a partner in the partnership. Age Discrimination Act 2004 Compilation No. 46 Compilation date: 03/12/2021 Authorised Version C2021C00565 registered 10/12/2021 19 Registered: 10/12/2021