If an employer can show that there is a particular need for someone of a certain age to do a job, this will count as a genuine occupational requirement and will not be regarded as unlawful. However, it is unlikely that employment tribunals will hold many situations to be covered by this exception. The employment tribunal would have regard to the nature of the employment and the context in which it is carried out, so employers may try to argue that, for example, a job working with young people required someone who was reasonably close in age to them. In addition, no action by an employer to comply with a statutory provision will be unlawful age discrimination, for example refusing to employ a young worker who cannot meet a driving licence requirement relating to age, where the job is as a heavy goods vehicle driver.
There are many specific exceptions in the age regulations. But this is new legislation and you should note that it is by no means clear whether or not these exceptions will meet EU law standards.
