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.
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EAT
An Employment Tribunal must reconsider its decision that a rushed redundancy process was not direct age discrimination.
A finding of direct age discrimination was upheld because an NHS Trust had made age-related assumptions about a locum consultant's willingness to apply for a specialist register based on his retirement plans.
The EAT required a Tribunal to reconsider its finding that direct age discrimination in access to a car lease scheme was justified, because they took account of an issue that had not been argued by the parties.
After Brexit, courts cannot disapply UK law on the basis of its incompatibility with the EU Charter of Fundamental Rights.
An exception from age discrimination for periods of pensionable service prior to 1 December 2006 was potentially not compatible with EU law, but could only be set aside for pensioners who had made a claim before 31 December 2020
A settlement agreement could not cover age discrimination claims that had not arisen at the time it was signed.
The EAT held that it was not direct age discrimination for PHI payments to be stopped when an employee turned 65, despite the state pension age being 66.
The Employment Tribunal was required to reconsider parts of a decision on age discrimination after not properly considering the employer’s evidence.
The EAT ruled that an age discrimination claim was rightly struck out for having no reasonable prospects of success.
The EAT has considered whether “absence of financial means” is capable of justifying indirect age discrimination.
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.
The EAT says that it was not age discrimination to demote a poor performing partner in a law firm.
The EAT has dismissed an appeal against an ET's decision to strike out a direct age discrimination claim.
University criteria that restricted appointment to a post was justified indirect age discrimination.
Did additional "pension strain cost" influence a decision not to make someone redundant?
The EAT found an error in the ET's reasoning when looking at justification, so remitted the case for rehearing.
The EAT overturns a decision that a teacher suffered unlawful indirect age discrimination.
This case involved a director denied the opportunity to apply for voluntary redundancy.