We look at four cases in which dismissals of employees in their 50s or 60s were found to amount to direct age discrimination, including two where redundancies were rushed through to avoid enhanced pension payments.
We look at three employment tribunal cases in which employers were held to have discriminated against employees because their age was a factor in their dismissal.
In Crompton v Eden Private Staff Ltd, an employment tribunal found that jibes made by employees to a 57-year-old colleague about Alzheimer's and "senior moments" constituted harassment under the Equality Act 2010.
In Heskett v Secretary of State for Justice, the Court of Appeal confirmed that, while cost alone is not sufficient, the employer's need to reduce expenditure due to budgetary constraints imposed by the Government is a legitimate aim, and the discriminatory pay policy a proportionate means of achieving that aim.
In Broadist v HM Prison Service, an employment tribunal found that the employer's refusal to allow a semi-retired dog handler to remain working on a part-time basis with an alternative dog, after his dog had died, amounted to indirect age discrimination.
In Munro v Sampson Coward LLP, the employment tribunal held that an employer's act of sending a birthday card to an employee was "an act of kindness" and not an act of discrimination.
In Kirk v Citibank NA and others, an employment tribunal held that a senior banker who was dismissed following a redundancy process was subjected to direct age discrimination and unfairly dismissed.
In Heskett v Secretary of State for Justice, the Employment Appeal Tribunal upheld the tribunal decision that a discriminatory pay policy is justified as a proportionate means of achieving the legitimate aims identified by the Ministry of Justice.
In Pitcher v Chancellor, Masters and Scholars of the University of Oxford and another, an employment tribunal held that Oxford University's "employer-justified retirement age" for academics is a proportionate means of achieving its legitimate aims.
In Lord Chancellor and another v McCloud and others; Ministry of Justice v Mostyn and others; Secretary of State for the Home Department and others v Sargeant and others, the Court of Appeal held that the Government's view that "it felt right" to protect older workers with transitional provisions when making changes to pensions for judges and firefighters was insufficient to defend direct age discrimination claims.
Employment law cases: HR and legal information and guidance relating to age discrimination.
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