View all case reports, use the search box below or scroll down to browse.

Browse by type of case

Use the links below if you are looking for cases on a specific issue.

Direct discrimination

Direct discrimination is less favourable treatment because of age. 

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Indirect discrimination

Indirect discrimination arises if neutral policies or criteria put a certain age group at a disadvantage.

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Justification

Discrimination can only be justified if it is a proportionate means of achieving a legitimate aim.

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Retirement

Operating a retirement age can lead to litigation. These days, many employers do without.

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Pay and benefits

Costs alone cannot justify discrimination. 

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REdundancy

Objective age-neutral criteria should be used in redundancy selection.

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Dismissal

Managing older workers is something that many employers can struggle with. 

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Harassment

Cases of age-based harassment are rare.

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Pensions

What if someone is fired just before they were due to accrue large pension benefits?

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Recruitment

Age limits in recruitment have been litigated often, mostly in European cases.

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Burden of proof

Proving age discrimination involves employees first show facts which infer discrimination. Then the employer must show there wasn't any. 

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Age, Ill health and disability

Generally, age is linked with deteriorating health. 

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Browse by court

Use the links below if you are looking for cases heard at a certain level.

Employment Tribunal (ET)

This is where are employment cases begin. Cases at this level often contain colourful facts.

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EMPLOYMENT Appeal TRIBUNAL (EAT)

Appeals from the ET can be made to the EAT only on points of law or if the decision was perverse

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Court of Appeal

The next level of appeal.

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Supreme Court

The highest court in the UK. There have only been a few age discrimination cases to reach this level.

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European Court of Justice (ECJ)

European Court of Justice caselaw remains relevant in the UK after Brexit. Cases before 2021 are generally still binding and even later cases remain highly influential.

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High Court

Where UK law appears to be age discriminatory, a judicial review can be made to the High Court to challenge the law. The High Court can also make declarations as to whether age discrimination exists in a given situation.

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PENSION OMBUDSMAN

The Pension Ombudsman investigates and decides on complaints about the way pension schemes are run.

See all Pension Ombudsman cases