In Chief Constable of West Midlands Police and others v Harrod and others  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.
Two young sisters who resigned from their jobs in a service station after what they felt was aggressive and unfair criticism have won their claims for age and sex discrimination in an employment tribunal.
In finding that an older project manager was chosen for redundancy because of his age, this employment tribunal highlighted evidence of comments from the managing director that it was time for him to retire.
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.
The Court of Appeal has held that it is necessary in indirect discrimination claims for the claimant to show why the provision, criterion or practice (PCP) has disadvantaged the group and the individual claimant.
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