MacCulloch v Imperial Chemical Industries plc  IRLR 846 EAT
Reports relating to this case:
Age discrimination: Tribunal failed to consider if age-based difference in treatment was proportionate means of achieving aims
- 29 September 2008
In MacCulloch v Imperial Chemical Industries plc EAT/0119/08, the EAT held that, in considering the defence of justification in a claim of direct age discrimination, the employment tribunal had correctly identified the legitimate aims of a redundancy scheme that gave higher payouts to older workers. However, it had failed to consider whether or not the major difference in treatment based on age was a proportionate means of achieving those aims.
- 25 July 2008
The Employment Appeal Tribunal has considered the scope of the justification defence in claims of direct age discrimination.