All items: Indirect discrimination

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  ABN Amro Management Services & RBS v Hogben EAT/0266/09 (1 report relating to this case)

  • Case of the week: Age discrimination

    Date:

    8 December 2009

    This week's case of the week, provided by Thomas Eggar, covers age discrimination.

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  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.

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  Bethnal Green and Shoreditch Education Trust v Dippenaar EAT/0064/15 & EAT/0114/15 (1 report relating to this case)

  • Case round-up

    Date:

    1 December 2015

    Krishna Santra and Sandra Martins are senior associates at Colman Coyle Solicitors. They round up the latest rulings.

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  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.

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  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. 

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  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.

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  Chief Constable of West Midlands Police and others v Harrod and others [2017] IRLR 539 CA (1 report relating to this case)

  • Indirect age discrimination: compulsory retirement of police officers was justified

    Date:

    30 March 2017

    The Court of Appeal has held that the decision to reduce officer head count "to the fullest extent" by forcibly retiring police officers with 30 years' service was justified.

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  Chief Constable of West Yorkshire Police v Homer [2009] IRLR 262 EAT (3 reports relating to this case)

  This case has since gone to the Supreme Court, which held that a requirement that employees obtain a law degree before they could be promoted to the highest grade was indirect age discrimination (Homer v Chief Constable of West Yorkshire Police [2012] IRLR 601 SC). However, the Supreme Court sent the case back to the employment tribunal to decide whether or not the employer's actions were justified as a proportionate means of achieving a legitimate aim. The employment tribunal decided that the employer's actions were not justified (Homer v Chief Constable of West Yorkshire Police ET/1803238/2007).

  • Age discrimination: Degree requirement for promotion did not discriminate against employee close to retirement

    Date:

    5 December 2008

    In Chief Constable of West Yorkshire Police v Homer EAT/0191/08, the EAT held that an employment tribunal erred in finding that the employer discriminated on the grounds of age against an employee who was close to retirement when it required him to complete a law degree before he could be promoted.

  • Case of the week: Age discrimination

    Date:

    25 November 2008

    This week's case of the week, provided by DLA Piper, covers age discrimination.

  • Chief Constable of West Yorkshire Police v Homer

    Date:

    29 October 2008

    The Employment Appeal Tribunal has overturned an employment tribunal decision that an employer discriminated against an employee who was close to retirement when it required him to complete a law degree before he could be promoted.

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  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.

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  Edie and others v HCL Insurance BPO Services Ltd EAT/0152/14 (1 report relating to this case)

  • Can less generous TUPE terms and conditions for older workers be justified?

    Date:

    25 February 2015

    The Employment Appeal Tribunal upheld an employment tribunal decision that a requirement for older employees to accept less generous terms and conditions of employment, as a condition of their employment continuing, could be justified.