Source: IRS Employment Review Issue: 906 Date: 29/09/2008 Publisher: IRS

Age discrimination: Tribunal failed to consider if age-based difference in treatment was proportionate means of achieving aims

TOPICS:
equal opportunities age
termination of employment  redundancy
payments on termination

CASES: below is a list of cases discussed in this article. Click the case title for more XpertHR resources on the case and related cases.

MacCulloch v Imperial Chemical Industries plc [2008] IRLR 846 EAT (2 reports)


In MacCulloch v Imperial Chemical Industries plc EAT/0119/08, the EAT held that, in considering the defence of justification in a claim of direct age discrimination, the employment tribunal had correctly identified the legitimate aims of a redundancy scheme that gave higher payouts to older workers. However, it had failed to consider whether or not the major difference in treatment based on age was a proportionate means of achieving those aims.

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