With respect to indirect age discrimination and given the higher proportion of younger graduates in the working population, can we specify that a degree is an essential criterion when advertising a job vacancy?

A number of larger employers in the UK, and further afield, such as Nestle, are making the brave move of removing the degree classification from their job specifications. Instead, these employers are leaning towards a more skills-based assessment.

The trend of removing degree classification from job specifications has gained considerable momentum in recent years and in the US in particular. In explaining the rationale for the change, many employers have cited a lack of evidence between University success and job performance. However, more cynical observers might say that the real reason is due to the possibility of claims for indirect discrimination.

Indirect discrimination occurs where