Editor's message: The law on age discrimination is set out in the Equality Act 2010, which prohibits direct and indirect discrimination, harassment and victimisation because of age. While much of the law on age discrimination mirrors the law on discrimination on the other protected grounds, it is unique in one respect; unlike any other type of direct discrimination, direct age discrimination can be justified where it is shown to be a proportionate means of achieving a legitimate aim.
The issue of justification is also relevant in the context of retirement. Employers cannot operate a compulsory retirement procedure in respect of employees of any age unless it can be justified. The reality is that employers will be able to justify compulsory retirement at a particular age only in exceptional circumstances.
Ellie Gelder, employment law editor
Cases on appeal provides news on key case law developments that are expected.
Five years on from the abolition of the default retirement age, employers are still coming to terms with the practical challenges of managing older workers. Chris Cook and Keely Rushmore of SA Law advise on how to deal with sensitive issues concerning older workers, such as planning ahead and addressing performance issues.
The Employment Appeal Tribunal (EAT) has dismissed an appeal against an employment tribunal decision that a regional law firm was not guilty of age discrimination against one of its partners. DLA Piper's Jenna Clarke summarises the decision.
It is 10 years since age discrimination legislation was introduced, but how have these obligations influenced how multi-generational workplaces operate? Richard Lee, partner at Gowling WLG, considers the impact of this important piece of legislation.
An employment tribunal has held that a rejected job applicant was not subject to age discrimination where the employer selected a younger, less experienced candidate.
Updated to include information on Jeffery v The British Council, in which the EAT identified the main factors that connected an expatriate employee working in Bangladesh to Great Britain and British employment law.
A table listing the age discrimination awards made by employment tribunals in 2015/16.
In this German case, the European Court of Justice (ECJ) has ruled that a person who applies for a job with the sole purpose of making an application for compensation for discrimination is not covered by the Equal Treatment Framework Directive (2000/78/EC) or the Equal Opportunities and Equal Treatment Directive (2006/54/EC) and may be considered as having committed an abuse of rights under EU law.
Five years on from the abolition of the default retirement age, we highlight four key retirement issues that have come before the tribunals and courts.
In Essop and others v Home Office (UK Border Agency)  IRLR 724 CA, the Court of Appeal held that a claimant in an indirect discrimination case must establish the nature of the group disadvantage created by the provision, criterion or practice, as well as the way in which he or she has suffered that disadvantage as an individual.
HR and legal information and guidance relating to age discrimination.