Browse by type of case
Use the links below if you are looking for cases on a specific issue.
Direct discrimination is less favourable treatment because of age.
Indirect discrimination arises if neutral policies or criteria put a certain age group at a disadvantage.
Discrimination can only be justified if it is a proportionate means of achieving a legitimate aim.
Objective age-neutral criteria should be used in redundancy selection.
Managing older workers is something that many employers can struggle with.
What if someone is fired just before they were due to accrue large pension benefits?
Age limits in recruitment have been litigated often, mostly in European cases.
Burden of proof
Employees must show facts which infer discrimination. Then the employer must show there wasn't any.
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.
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
European Court of Justice (ECJ)
Any UK court can make a reference to the ECJ on the interpretation of EU law. The ECJ will then make a ruling and the case will be returned back to the referring court. All UK courts must follow its decisions.
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.