Company wants to purchase a pool vehicle (10+ employees) with an age restriction of 30.
Never come across the question before - is it a valid scenario?
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Well my thoughts are that technically it puts the car outside the strict letter of the definition of a pool car, but there is a sensible business reason for the exclusion, so that it could perhaps fairly be said to come within the spirit of the definition. Where that leaves you I'm not sure!
Definition
Well my thoughts are that technically it puts the car outside the strict letter of the definition of a pool car
I thought that to be a pool car it only had to be made available to more than one employee, and that no single employee used it ordinarily to the exclusion of others. So provided that there are several employees aged over 30, I would have thought this would be fine, provided the other conditions are met (not kept at employee's residence etc).
Also, presumably, there would have to be good economic grounds for making the distinction in order to avoid falling foul of age discrimination regulations, but I think it should be easy to demonstrate that there is a clear cost advantage to the company in setting such a policy.
Quite right - I was thinking that it had to be generally available but you are right that it only has to be available to more than one person.
There is no need to satisfy the pool vehicle requirements...
... unless the vehicle is available for any employee's private use. However, if it not available for any employee's private use, it will probably satisfy the pool vehicle requirements.
In the case of a van, it must not be available for private use, other than commuting and other private use that is insignificant.