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
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.
We take a look at some of the employment law cases that have tested the legislation since Regulations were introduced to tackle the unfair treatment of UK employees of all ages 10 years ago.
An employment tribunal, in Jones v Care UK Clinical Services Ltd, has held that a job candidate who was rejected for being overqualified was not subject to age discrimination.
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 Kratzer v R+V Allgemeine Versicherung, in which the ECJ held that a person who applies for a job with the sole purpose of making an application for compensation for discrimination is not covered by EU discrimination law.
A table listing the age discrimination awards made by employment tribunals in 2015/16.
In Kratzer v R+V Allgemeine Versicherung AG, the European Court of Justice (ECJ) held that an individual does not fall within the protection of EU discrimination law if he or she applies for an employment vacancy with the sole purpose of obtaining compensation and not the post itself.
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.
Believe it or not, it is now five years since the default retirement age was scrapped. Has its removal had as big an impact on employers as many feared?
HR and legal information and guidance relating to age discrimination.