Age discrimination | Equality, diversity and human rights | Employment law cases | HR Tools

Age discrimination: Case law round-up

Date:: 25 April 2023

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.

Age discrimination: Employment tribunal round-up

Date:: 26 August 2022

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.

Age discrimination: Jibes about Alzheimer's were harassment

Date:: 7 December 2020

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.

Age discrimination: Keeping within pay constraints justified discriminatory pay policy

Date:: 13 November 2020

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.

Age discrimination: Requiring semi-retired dog handler to work full time was discriminatory

Date:: 2 July 2020

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.

Age discrimination: Reaction to birthday comment was "extreme"

Date:: 11 March 2020

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.

Age discrimination: Dismissed banker told "you're old and set in your ways"

Date:: 17 February 2020

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.

Age discrimination: Absence of means justified pay policy favouring older officers

Date:: 3 July 2019

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.

Age discrimination: Oxford University justifies compulsory retirement age for academics

Date:: 6 June 2019

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.

Age discrimination: Public-sector pension changes discriminated against younger judges and firefighters

Date:: 15 January 2019

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

All items: Age discrimination

Age discrimination: Case law round-up

Age discrimination: Employment tribunal round-up

Age discrimination: Jibes about Alzheimer's were harassment

Age discrimination: Keeping within pay constraints justified discriminatory pay policy

Age discrimination: Requiring semi-retired dog handler to work full time was discriminatory

Age discrimination: Reaction to birthday comment was "extreme"

Age discrimination: Dismissed banker told "you're old and set in your ways"

Age discrimination: Absence of means justified pay policy favouring older officers

Age discrimination: Oxford University justifies compulsory retirement age for academics

Age discrimination: Public-sector pension changes discriminated against younger judges and firefighters

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