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

This report relates to 1 case(s)

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.