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Legal Eagle

Miscellaneous

Q: Misrepresentation of age at auditions

I am one of the finalists auditioning for a girl band. The advert said that auditionees should be between 16-24 years old but I am really 26 and married. If selected, could I be sacked, even if I am doing a good job?

A: Something may turn on the use of the word "should" as distinct from "must". It is one thing to indicate, as sometimes happens, that the ideal candidate for a job will be in a certain age group but that is quite different from saying that candidates must be in that age group and should not otherwise apply. I imagine that either at the audition, or subsequently if you are successful, you will be interviewed and are likely to be asked about your age directly. If it is made clear to you that age is important, then if you lie about it and are engaged on that basis, you will arguably have procured that contract of engagement by a misrepresentation, which will entitle the other party to terminate your contract on discovering your true age. You could argue that the difference between the ages of 24 and 26 is de mininis and immaterial and that therefore the misrepresentation was insufficient to justify termination but there may be a very good reason for the age limitation which is not apparent to you.

To sum up, much depends on whether the age limit was a condition of engagement or a mere aspiration and, if it was a material factor, then for what reason.

A party seeking redress for misrepresentation in law does not need to show that he would otherwise not have entered into the contract but only that it was a material factor, perhaps one of several, which induced him to do so.

It seems to me that you have a choice. You can either tell the truth, try to impress the auditioning panel with how good you are and, if the question of age becomes an issue, endeavour to persuade them that two years is immaterial and they should engage you anyway. Alternatively, you can hide your true age, which means telling a lie - never a good idea even if you persuade yourself it is a 'white one' because it involves cheating and you will have to live with it, whatever the outcome - and hope that they do not find out, or that if they find out, you will by then be doing such a good job they will want to keep you on in any event.

Nothing you have said about the advertisement indicates marital or non-marital status as being a relevant factor but as with any other information about yourself, you should not be economical with the truth in relation to that detail. It is hardly likely to be material, since it can have no more relevance, if any, than a live-in relationship. Nowadays neither status seems to imply a greater degree of domestic commitment than the other, at least so far as outsiders are concerned.

First published November 2002