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Indirect Discrimination

Pulham v Barking and Dagenham Council

28 October 2009

Subjects Justification; Pay and benefits; Indirect Discrimination
Barking and Dagenham Council loses appeal after 15 employees bring age discrimination claim.

ABN Amro and others v Hogben

26 October 2009

Subjects Redundancy; Pay and benefits; Burden of proof; Indirect Discrimination
A change from one policy to another policy cannot in itself be a provision, criterion or practice for the purposes of the Age Regulations.

Age UK v Secretary of State for Business, Innovation and Skills – known as the “Heyday” case (High Court decision)

25 September 2009

Subjects Justification; Retirement; Indirect Discrimination
The High Court has today given judgment on R (on the application of Age UK) v Secretary of State for Business, Innovation and Skills [2009] EWHC 2336 (Admin) – known as the “Heyday” case.

Smith v Strathclyde Fire Board

26 June 2009

Subjects Justification; Indirect Discrimination
A Scottish employment tribunal has held that an employer did not disadvantage more mature employees by including developmental needs in its selection criteria.

Rolls Royce plc v Unite the Union (Court of Appeal decision)

14 May 2009

Subjects Redundancy; Justification; Indirect Discrimination
The Court of Appeal has dismissed Rolls Royce's appeal against the High Court's decision that use of length of service as a criterion in redundancy selection is lawful.

MacCulloch v Imperial Chemical Industries plc (remitted Employment Tribunal case)

14 April 2009

Subjects Redundancy; Justification; Indirect Discrimination
This case was originally heard by an employment tribunal and its decision delivered in December 2007. An appeal against the tribunal’s decision was heard by the Employment Appeal Tribunal in July 2008.

Age UK v Secretary of State for Business, Enterprise and Regulatory Reform - known as the "Heyday" case (ECJ decision)

05 March 2009

Subjects Justification; Retirement; Indirect Discrimination
ECJ confirms that mandatory retirement is not unlawful.

Age UK v Secretary of State for Business Enterprise and Regulatory Reform - known as the "Heyday" case (AG opinion)

30 September 2008

Subjects Justification; Retirement; Indirect Discrimination

Source (Lewis Silkin LLP)

The Advocate General has given an opinion stating that the compulsory retirement age of 65 in the Age Discrimination Regulations is potentially legal under EU law.

Rainbow v Milton Keynes Council

08 September 2008

Subjects Justification; Recruitment; Indirect Discrimination

Source (Lewis Silkin LLP)

A 61 year old teacher who was not shortlisted for a job advertised for candidates ‘in the first five years of their career’ was indirectly discriminated against on the grounds of her age.

Rains v Commission for Racial Equality

23 July 2007

Subjects Recruitment; Indirect Discrimination
The requirement for recent "hands on" experience was not age discriminatory
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