Age discrimination: Degree requirement for promotion did not discriminate against employee close to retirement
This report relates to 1 case(s)
Chief Constable of West Yorkshire Police v Homer  IRLR 262 EAT (2 other reports)
This case has since gone to the Supreme Court, which held that a requirement that employees obtain a law degree before they could be promoted to the highest grade was indirect age discrimination (Homer v Chief Constable of West Yorkshire Police  IRLR 601 SC). However, the Supreme Court sent the case back to the employment tribunal to decide whether or not the employer's actions were justified as a proportionate means of achieving a legitimate aim. The employment tribunal decided that the employer's actions were not justified (Homer v Chief Constable of West Yorkshire Police ET/1803238/2007).
In Chief Constable of West Yorkshire Police v Homer EAT/0191/08, the EAT held that an employment tribunal erred in finding that the employer discriminated on the grounds of age against an employee who was close to retirement when it required him to complete a law degree before he could be promoted.