The burden of proof did not shift in this case involving a 58 year old security worker.
Alannah Davies v Susan Bradford, Stephen Bradford and Cara Bradford t/a “Quick Snack News Caerphilly”
A Facebook job advert stating “Over 25s only” was enough to shift the burden of proof in a direct age discrimination claim, but the employer was able to disprove discrimination.
The EAT has considered whether “absence of financial means” is capable of justifying indirect age discrimination.
The University of Oxford has successfully defended its retirement age.
In a surprising decision, the European Court of Justice has ruled that two-tier pay scales for Irish teachers are not discriminatory on age grounds.
A 37 year old job applicant’s age discrimination claim has been struck out by the Employment Tribunal for being “fatally flawed”.
An 88 year old woman who was sacked has become the oldest person to win an age discrimination claim.
Lord Chancellor and Secretary of State for Justice and another v McCloud and others; Secretary of State for The Home Department, The Welsh Ministers & Others v R Sargeant and Others
Two cases have been judged in tandem by the Court of Appeal due to the similarity in issues regarding age discrimination and new pension schemes.
An Employment Tribunal has found that an applicant for a park attendant role was directly discriminated against because of their age. It is a reminder of the benefit of prepared and scripted interviews, and the dangers of unscripted ones.
In this case, the Court of Appeal ruled that a good leaver provision in an LTIP could be objectively justified on the basis that the employer wished to achieve intergenerational fairness and consistency, reward experience and loyalty, and ensure a mix of generations of staff.
An Employment Tribunal has rejected the claim of a former employee against Virgin Active, who argued that she was both forced to resign and subjected to harassment because of her age.
The Employment Appeal Tribunal has dismissed an appeal by the Government against a decision that transitional provisions in a judicial pension scheme were unlawfully discriminatory.
An Employment Appeal Tribunal has upheld the appeal of firefighters who disagreed with an Employment Tribunal decision that found a new pension scheme was not age discriminatory.
A Tribunal accepted that comments made by a General Manager that “old workers like old football players need to leave so that it could bring in new blood otherwise the team would not be efficient” were age discrimination.
Age-related harassment cases are rare. In this case, an Employment Tribunal has held that giving someone extra work and setting them objectives did not amount to less favourable treatment because of age, nor was it harassment.
There was no finding of age discrimination after bar and waiting staff were replaced with new ones that better fit a "modern and trendy" image.
This case is a reminder that, when justifying age discrimination, evidence that there are no less discriminatory alternatives is important to show proportionality.
The ECJ has held that EU law setting an age limit of 65 years old for pilots was not age discriminatory and was justified.
A Tribunal dismissed a claim of age discrimination was dismissed after holding that, because of uncertainty about the Claimant's real age, the employer could not have known their age when terminating her.
An Employment Tribunal has rejected a former employee’s claim against BT, where he argued that he was dismissed as a result of performance improvement plans that were age discriminatory.