The Employment Appeal Tribunal (EAT) has held that in cases where direct discrimination is not inherent from the act complained of, a tribunal must enquire further into the motivation, unconscious or subconscious, of the alleged discriminator.
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.
In Lockwood v Department for Work and Pensions and another  IRLR 941 CA, the Court of Appeal held that less favourable treatment of a younger employee under the employer's redundancy scheme was objectively justified.
The Court of Appeal has confirmed that age-related differences between the claimant and his or her comparator should not be taken into account when deciding whether or not the claimant suffered less favourable treatment because of his or her age.
The Employment Appeal Tribunal has held that, in ascertaining whether or not words that reference a protected characteristic constitute unlawful discrimination, the conduct complained of must be seen in context.
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