All items: Direct discrimination

• expand

  Advocate General's opinion in R (on the application of The Incorporated Trustees of the National Council on Ageing) v Secretary of State for Business, Enterprise and Regulatory Reform Case C-388/07 (2 reports relating to this case)

  • Age discrimination: Advocate General's opinion in Heyday

    Date:

    3 November 2008

    In R (on the application of The Incorporated Trustees of the National Council on Ageing) v Secretary of State for Business, Enterprise and Regulatory Reform Case C-388/07 (Heyday), the Advocate General has taken the view that a statutory default retirement age is not incompatible with EU law, and is potentially justifiable.

  • R (on the application of The Incorporated Trustees of the National Council on Ageing) v Secretary of State for Business, Enterprise and Regulatory Reform

    Date:

    23 September 2008

    The Advocate General has said that UK legislation permitting employers to dismiss employees aged 65 or over if the reason for dismissal is retirement can, in principle, be justified under the Framework Directive.

• expand

  Air Products plc v Cockram [2018] IRLR 755 CA (1 report relating to this case)

  • Age discrimination: Denial of unvested share options not discriminatory

    Date:

    5 April 2018

    In Air Products plc v Cockram, the Court of Appeal held that the employment tribunal was correct to find that a rule in a long-term incentive share plan that employees whose employment terminates before they are 55 forfeit all unvested awards under the plan is justified.

• expand

  BAE Systems (Operations) Ltd v McDowell EAT/0318/16 (1 report relating to this case)

  • Age discrimination: EAT considers enhanced redundancy scheme

    Date:

    6 July 2017

    The Employment Appeal Tribunal (EAT) has held that, in assessing the employer's justification defence, the tribunal had failed to adopt a holistic approach and consider an age-related cap on redundancy payments within the broader context.

• expand

  Banks v Ministry of Defence ET/3304560/2009 (1 report relating to this case)

  • Age discrimination: employer justifies differences in treatment under early-release scheme

    Date:

    1 December 2011

    The employment tribunal in this case found that it was not age discrimination for the civil service to place limits on the amount that it would pay under a voluntary "early-release scheme" designed to encourage turnover in the workforce.

• expand

  Bloxham v Freshfields Bruckhaus Deringer [2007] ET/2205086/06 (3 reports relating to this case)

  • Case digest: age discrimination

    Date:

    1 January 2008

    Sue Johnstone, editor of Equal Opportunities Review, provides a round-up of some of the remedies that employment tribunals have awarded in age discrimination cases.

  • Bloxham v Freshfields Bruckhaus Deringer

    Date:

    8 November 2007

    In Bloxham v Freshfields Bruckhaus Deringer [2007] ET/2205086/06, an employment tribunal has held that changes to a law firm's pension scheme that discriminated on the grounds of age were justified.

  • Case of the week: Age discrimination and pension schemes

    Date:

    30 October 2007

    This week's case of the week, provided by Addleshaw Goddard, covers age discrimination and pension schemes.

• expand

  Campbell v Icopal Ltd ET/2400854/12 (1 report relating to this case)

  • No age discrimination against job applicant rejected after psychometric testing

    Date:

    16 January 2013

    In this unusual case, a job applicant who passed three interview stages, but had her conditional offer of employment withdrawn over poor psychometric testing results, unsuccessfully claimed age discrimination.

• expand

  Canadian Imperial Bank of Commerce v Beck EAT/0141/10 (2 reports relating to this case)

  • Age discrimination: Person specification seeking "younger" candidate sufficient to shift burden of proof to employer

    Date:

    4 January 2011

    In Canadian Imperial Bank of Commerce v Beck EAT/0141/10, the EAT held that the employment tribunal was entitled to find that, notwithstanding the inherently unlikely nature of an age discrimination claim on the facts, the employer's deliberate use of the word "younger" in a person specification, contrary to expert advice, was sufficient to shift the burden of proof to the employer.

  • Age discrimination: "younger" in job specification enough to shift burden of proof to employer

    Date:

    14 September 2010

    The Employment Appeal Tribunal has held that the use of the word "younger" in the person specification for the job vacancy that had been created after the claimant had been dismissed was sufficient to raise the suspicion of age discrimination and shift the burden of proof to the employer. 

• expand

  Chief Constable of West Midlands Police and others v Harrod and others [2015] IRLR 790 EAT (2 reports relating to this case)

  • Age discrimination: An early retirement exercise by police forces did not give rise to unlawful indirect age discrimination

    Date:

    28 October 2015

    In Chief Constable of West Midlands Police and others v Harrod and others [2015] IRLR 790 EAT, the EAT held that the employment tribunal erred in holding that the indirect age discrimination that arose from the application of reg.A19 of the Police Pensions Regulations 1987 was unjustified.

  • No indirect age discrimination in retiring longer-serving police officers

    Date:

    14 July 2015

    The Employment Appeal Tribunal has dismissed police officers' claims for indirect discrimination on the ground of age. Police forces, to make costs savings, applied the A19 rule in the Police Pensions Regulations 1987 to retire officers who had accrued a certain minimum pension entitlement that could be achieved only after 30 years' service.

• expand

  CLFIS (UK) Ltd v Reynolds [2015] IRLR 562 CA (1 report relating to this case)

  • Direct discrimination in the workplace: motive of final decision-maker is key

    Date:

    7 May 2016

    The Court of Appeal has confirmed that, in cases involving direct discrimination in the workplace, it is the motive of the decision-maker that is important and not those who may have influenced the decision. Imogen Noons explains the importance of this for employers.

• expand

  Court v Dennis Publishing Limited [2007] ET/2200327/07 (2 reports relating to this case)

  • Case digest: age discrimination

    Date:

    1 January 2008

    Sue Johnstone, editor of Equal Opportunities Review, provides a round-up of some of the remedies that employment tribunals have awarded in age discrimination cases.

  • Age discrimination: recent tribunal decisions

    Date:

    24 December 2007

    A review of a number of recent employment tribunal decisions suggests that some employers remain unaware of the implications of, or are struggling with, the Employment Equality (Age) Regulations 2006 (SI 2006/1031), which became law on 1 October 2006. The decisions also demonstrate the approach that the tribunals might take to the question of justification of discrimination and to the assessment of injury to feelings compensation.