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AGE DISCRIMINATION CASES


We have age discrimination case summaries and links to judgments for significant UK tribunal decisions, all UK appeal decisions and European Court of Justice decisions

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LATEST AGE DISCRIMINATION CASES
Employment Tribunal
Oct 10, 2023
Gregory v Petro Trace Ltd
Employment Tribunal
Oct 10, 2023

The Employment Tribunal found that age was a motivating factor in an employee’s dismissal despite attempts to cast it as performance-related or redundancy.

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Employment Tribunal
Oct 10, 2023
Employment Tribunal
Aug 3, 2023
Palladino v Reed in Partnership
Employment Tribunal
Aug 3, 2023

It wasn’t age discrimination when younger colleagues said they wanted to go “clubbing” for a work Christmas party.

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Employment Tribunal
Aug 3, 2023
EAT
May 18, 2023
Pipe v Coventry University
EAT
May 18, 2023

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
May 18, 2023
EAT
Feb 15, 2023
Cook v Gentoo Group Ltd
EAT
Feb 15, 2023

An Employment Tribunal must reconsider its decision that a rushed redundancy process was not direct age discrimination.

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EAT
Feb 15, 2023
EAT
Jan 24, 2023
Imperial College Healthcare NHS Trust v Matar
EAT
Jan 24, 2023

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.

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EAT
Jan 24, 2023
Employment Tribunal
Jan 19, 2023
Dadhania v SAP (UK) Ltd
Employment Tribunal
Jan 19, 2023

A 61-year-old account manager was unfairly constructively dismissed after being put on a performance improvement plan without warning, but the majority of the Tribunal concluded there was no age discrimination.

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Employment Tribunal
Jan 19, 2023
EAT
Nov 22, 2022
McGonagle v Jaguar Land Rover Limited
EAT
Nov 22, 2022

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.

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EAT
Nov 22, 2022
ECJ
Nov 17, 2022
VT v Ministero dell’Interno
ECJ
Nov 17, 2022

Italian legislation which fixed a maximum age limit of 30 for participation in a competition to recruit police commissioners was age discrimination that could not be justified, and so was incompatible with EU law.

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ECJ
Nov 17, 2022
EAT
Aug 9, 2023
Secretary of State for Work and Pensions v Beattie
EAT
Aug 9, 2023

After Brexit, courts cannot disapply UK law on the basis of its incompatibility with the EU Charter of Fundamental Rights.

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EAT
Aug 9, 2023
EAT
Oct 27, 2022
Secretary of State for Work and Pensions v Beattie & Others
EAT
Oct 27, 2022

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

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EAT
Oct 27, 2022
EAT
Oct 7, 2022
Bathgate v Technip UK Ltd
EAT
Oct 7, 2022

A settlement agreement could not cover age discrimination claims that had not arisen at the time it was signed.

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EAT
Oct 7, 2022
Employment Tribunal
Jul 26, 2022
Kershaw v Tayside Health Board
Employment Tribunal
Jul 26, 2022

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.

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Employment Tribunal
Jul 26, 2022
EAT
Jul 14, 2022
Pelter v Buro Four Project Services Limited
EAT
Jul 14, 2022

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.

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EAT
Jul 14, 2022
EAT
Jul 12, 2022
Citibank NA v Kirk
EAT
Jul 12, 2022

The Employment Tribunal was required to reconsider parts of a decision on age discrimination after not properly considering the employer’s evidence.

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EAT
Jul 12, 2022
ECJ
Jun 2, 2022
Ligebehandlingsnævnet v HK/Danmark and HK/Privat
ECJ
Jun 2, 2022

The ECJ has ruled that an age restriction on eligibility for election to the position of sector convenor in a workers’ organisation is covered by the Equal Treatment Framework Directive.

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ECJ
Jun 2, 2022
EAT
Jan 25, 2022
Garcia v British Airways Plc
EAT
Jan 25, 2022

The EAT ruled that an age discrimination claim was rightly struck out for having no reasonable prospects of success.

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EAT
Jan 25, 2022
Court of Appeal
Jul 19, 2021
Secretary of State for Work and Pensions and others v Hughes and others
Court of Appeal
Jul 19, 2021

A cap on pension compensation following employer insolvency was unlawful age discrimination.

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Court of Appeal
Jul 19, 2021
Court of Appeal
Jul 19, 2021
Secretary of State for Work and Pensions and others v Hughes and others
Court of Appeal
Jul 19, 2021

A cap on pension compensation following employer insolvency was unlawful age discrimination.

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Court of Appeal
Jul 19, 2021
Employment Tribunal
Aug 2, 2023
Dopson v Stag Publications Ltd
Employment Tribunal
Aug 2, 2023

Referring to an employee as a “grandmother” in a magazine review was less favourable treatment on grounds of age but the claim had been brought out of time.

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Employment Tribunal
Aug 2, 2023
Employment Tribunal
Jun 25, 2021
Cassidy v Daimler Foundation
Employment Tribunal
Jun 25, 2021

A 14-year-old schoolgirl who was sacked for being “too young” has won an age discrimination claim.

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Employment Tribunal
Jun 25, 2021
Court of Appeal
Jun 4, 2021
Bryant v Nestle UK Ltd
Court of Appeal
Jun 4, 2021

The Court of Appeal extended the time limit to allow an employee’s claim for discrimination in an amendment application which was originally refused by the Tribunal.

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Court of Appeal
Jun 4, 2021
Employment Tribunal
Apr 29, 2021
Rawnsley v Queniborough Aluminium Services Ltd
Employment Tribunal
Apr 29, 2021

A letter calling the Claimant a “jumped up, know it all, spoilt child” amounted to direct age discrimination.

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Employment Tribunal
Apr 29, 2021
ECJ
Apr 15, 2021
AB v Olympiako Athlitiko Kentro Athinon - Spyros Louis
ECJ
Apr 15, 2021

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.

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ECJ
Apr 15, 2021
Employment Tribunal
Feb 16, 2021
Pelter v Buro Four Project Services Limited
Employment Tribunal
Feb 16, 2021

Stopping PHI payments when an employee reached 65 years of age was not age discrimination.

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Employment Tribunal
Feb 16, 2021
Court of Appeal
Nov 11, 2020
Heskett v Secretary of State for Justice
Court of Appeal
Nov 11, 2020

The Court of Appeal confirmed that financial constraints which obliged the probation service to reduce costs could be used to justify indirect age discrimination.

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Court of Appeal
Nov 11, 2020
Employment Tribunal
Nov 2, 2020
Crompton v Eden Private Staff Ltd
Employment Tribunal
Nov 2, 2020

Remarks made by a manager to a 57-year-old employee, referring to her having Alzheimer's when she had forgotten something, were found to be both harassment and direct age discrimination.

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Employment Tribunal
Nov 2, 2020
High Court
Jun 22, 2020
Hughes v Pension Protection Fund
High Court
Jun 22, 2020

The application of the compensation cap to reduce the pensions of those below normal pension age gave rise to unlawful age discrimination.

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High Court
Jun 22, 2020
Employment Tribunal
May 26, 2020
Giwa Amu v Department for Work and Pensions
Employment Tribunal
May 26, 2020

Ms Anne Giwa Amu v Department for Work and Pensions: 1600465/2017

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Employment Tribunal
May 26, 2020
Employment Tribunal
May 20, 2020
Broadist v HM Prison Service
Employment Tribunal
May 20, 2020

It was indirect age discrimination to effectively ban part-time work, according to an Employment Tribunal.

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Employment Tribunal
May 20, 2020
ECJ
Apr 2, 2020
CA v Comune di Gesturi
ECJ
Apr 2, 2020

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.

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ECJ
Apr 2, 2020
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