An employer’s progression policy could have disadvantaged older workers by asking for a PHD or equivalency, but it was justified. The age discrimination claim in this case would have failed anyway because there were no available promotion opportunities.
Viewing entries tagged
Indirect discrimination
An oral surgeon who had qualified before 1993 and did not have a vocational training number required for an NHS list number had not been discriminated against as, on the facts, it was her specialism which debarred her from obtaining the number, rather than her age.
A Greek labour reserve system did discriminate against older workers, but this was justified as it met employment policy objectives in the context of the acute economic crisis facing Greece at the time.
The Court of Appeal confirmed that financial constraints which obliged the probation service to reduce costs could be used to justify indirect age discrimination.
It was indirect age discrimination to effectively ban part-time work, according to an Employment Tribunal.
The European Court of Justice found that the exclusion of retired employees from a recruitment exercise was indirect age discrimination but would be permissible if it was justified.
The High Court has found that there was no indirect age discrimination in relation to rules about a widow’s pension under the police pension scheme.
A job advert that said a pub was looking for staff "between the ages of 18 and 25" was both direct AND indirect age discrimination.
The EAT has considered whether “absence of financial means” is capable of justifying indirect age discrimination.
A Catholic Primary School did not have a practice or policy of hiring less experienced (and younger) teachers.
A hospital did not directly discriminate on grounds of age by subjecting a project assistant manager over the age of 55 to a performance-management process, which resulted in the termination of her employment.
An older NHS worker did not suffer indirect age discrimination when she was moved department following concerns about her sparse note taking.
There was no unlawful indirect age discrimination in a housing association requiring a support worker under the age of 35 to work out his notice period.
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 job advert seeking “newly qualified HR professionals” did not cause age discrimination because the potential applicant suffered no detriment.
Although a belief that insurance cover prevented a 67 year old from driving was erroneous (the policy actually prevented 70+ year olds from driving) it was not age discrimination to stop him from driving. A justification defence succeeded.
A doctor left a pension scheme to avoid tax penalties. Years later, his employer set up a scheme to compensate those affected. It wasn't indirect age discrimination to limit the retrospective effect of the scheme.
It was not indirect age discrimination to use an internal Talent Pool when deciding who to recruit. Even if it were age discrimination, it would have been justified.
There was no direct, or indirect, age discrimination after two part-time partial retirees had their posts deleted.