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Justification Cases

Reinhard Prigge, Michael Fromm and Volker Lambach v Deutsche Lufthansa AG (ECJ decision)

13 September 2011

Subjects Justification; Retirement; International case

Source (Lewis Silkin LLP)

The ECJ has held that a collective agreement prohibiting airline pilots from working after the age of 60 is incompatible with EU law and constitutes age discrimination.

Hennigs v Eisenbahn-Bundesamt and Land Berlin v Mai (CJEU decisions)

08 September 2011

Subjects Justification; Pay and benefits; International case

Source (Lewis Silkin LLP)

In these joined decisions, the CJEU has held that a term in a collective agreement which provides that the pay of a public sector employee is determined by reference to their age is unlawful.

Fuchs and anor v Land Hessen (ECJ decision)

21 July 2011

Subjects Justification; Retirement; International case

Source (Lewis Silkin LLP)

This ECJ decision appears to suggest that costs alone will not be sufficient to justify discrimination

Lycee Francais Charles de Gaulle v Delambre (EAT decision)

05 April 2011

Subjects Justification; Direct Discrimination

Source (Lewis Silkin LLP)

The EAT looks at the reocmmendations of a tribunal and rules that they were not overly broad. The judgment is worth a read, particularly for the Tribunal's comments about the Lycee's argument that "being French" was justification for the discrimination.

O'Reilly v BBC (Employment Tribunal decision)

10 January 2011

Subjects Justification; Recruitment

Source (Lewis Silkin LLP)

A 51-year-old female TV presenter suffered unjustified age discrimination when her programme was moved to a ‘primetime’ slot and she was replaced by younger presenters.

Georgiev v Tehnicheski universitet - Sofia

18 November 2010

Subjects Justification; Retirement; International case

Source (Lewis Silkin LLP)

The ECJ rules that a default retirement provision in the Bulgarian Labour Code may be justified.

Woodcock v Cumbria Primary Care Trust (EAT decision)

12 November 2010

Subjects Redundancy; Justification

Source (Lewis Silkin LLP)

In the latest round of Mr Woodcock's ongoing claim, the EAT has indicated that costs alone should be able to justify age discrimination.

Rosenbladt v Ollerking Gebaudereinigungsges.mbH

12 October 2010

Subjects Justification; Retirement; International case

Source (Lewis Silkin LLP)

The ECJ has held that a German law allowing compulsory retirement at 65 (state pension age) was justified age discrimination.

Andersen v Region Syddanmark

12 October 2010

Subjects Justification; Retirement; International case

Source (Lewis Silkin LLP)

The ECJ rules that a Danish law providing for severance payments for employees, but which excluded those who had attained pension age, constituted direct age discrimination which could not be justified.

Harrison v Ministry of Defence

30 July 2010

Subjects Justification; Pay and benefits; Indirect Discrimination

Source (Lewis Silkin LLP)

In an interim hearing, an Employment Tribunal finds that the test in Regulation 32(2) of the Employment Equality (Age) Regulations 2006 is a mix of objective and subjective tests.

Homer v Chief Constable of West Yorkshire Police (Court of Appeal decision)

27 April 2010

Subject Justification

Source (Lewis Silkin LLP)

The Court of Appeal has upheld an earlier decision of the Employment Appeal Tribunal that a requirement for a candidate for a job to have a degree was not age discriminatory

Martin and others v Professional Game Match Officials Ltd

13 April 2010

Subjects Justification; Retirement

Source (Lewis Silkin LLP)

The Employment Tribunal rules that a retirement age of 48 for match officials is direct age discrimination.

Ormerod v Cummins Engine Company Limited (ET decision)

08 March 2010

Subjects Redundancy; Justification; Burden of proof; Indirect Discrimination

Source (Lewis Silkin LLP)

This ET decision deals with the issue of "windfall" payments to employees.

Kücükdeveci v Swedex (ECJ decision)

19 January 2010

Subjects Justification; Recruitment; International case

Source (Lewis Silkin LLP)

A German law restricting the minimum periods of notice for those aged under 25 was found to be discriminatory and unjustified. The ECJ also gave further definition to the ruling in Mangold -v- Helm.

Wolf v Stadt Frankfurt am Main (ECJ decision)

12 January 2010

Subjects Justification; Recruitment; International case

Source (Lewis Silkin LLP)

The ECJ has given their judgement on a German law restricting applications to the fire service to those under 30.

Petersen v Berufungsausschuss für Zahnärzte für den Bezirk Westfalen-Lippe

12 January 2010

Subjects Justification; Retirement; International case

Source (Lewis Silkin LLP)

The ECJ has given their judgement on a German law setting a maximum age limit of 68 for dentists to be accredited to work in the German national health service.

British Gurkha Welfare Society v Ministry of Defence

11 January 2010

Subjects Justification; Pensions

Source (Lewis Silkin LLP)

In this case, the British Gurkha Welfare Society (“BGWS”) sought to challenge the pension arrangements put in place for Gurkhas following a government review in December 2006.

Kücükdeveci v Swedex (Advocate-General opinion)

23 November 2009

Subjects Justification; International case; Dismissal

Source (Lewis Silkin LLP)

The Advocate General has given an opinion that a German law setting down minimum periods of notice, but which excludes all time worked before the age of 25, is incompatible with EU law.

Pulham v Barking and Dagenham Council

28 October 2009

Subjects Justification; Pay and benefits; Indirect Discrimination

Source (Lewis Silkin LLP)

Barking and Dagenham Council loses appeal after 15 employees bring age discrimination claim.

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

Source (Lewis Silkin LLP)

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.

Woodcock v Cumbria Primary Care Trust (Employment Tribunal decision)

12 August 2009

Subjects Redundancy; Justification

Source (Lewis Silkin LLP)

A former Chief Executive of an NHS Trust was not discriminated against.

Smith v Strathclyde Fire Board

26 June 2009

Subjects Justification; Indirect Discrimination

Source (Lewis Silkin LLP)

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

Hütter v Technische Universität Graz

18 June 2009

Subjects Justification; Pay and benefits; International case

Source (Lewis Silkin LLP)

The ECJ rule that an Austrian law which mandated lower pay for younger civil servants not proportionate and therefore not justified under the Framework Directive.

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

14 May 2009

Subjects Redundancy; Justification; Indirect Discrimination

Source (Lewis Silkin LLP)

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

Source (Lewis Silkin LLP)

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

Source (Lewis Silkin LLP)

ECJ confirms that mandatory retirement is not unlawful.

Baker v National Air Traffic Services Limited

03 March 2009

Subjects Justification; Recruitment

Source (Lewis Silkin LLP)

Upper age limit of 35 for recruitment of air traffic controllers held unlawful

Seldon v Clarkson Wright & Jakes (EAT decision)

19 December 2008

Subjects Justification; Retirement

Source (Lewis Silkin LLP)

The EAT rejects a law firm's claim that it is legitimate to retire partners at 65 as their performance declines at about that age.

Homer v Chief Constable of West Yorkshire Police (EAT decision)

03 December 2008

Subject Justification

Source (Lewis Silkin LLP)

A legal adviser, aged 61, ineligible for promotion unless he obtained a law degree was not discriminated against on the grounds of his age.

Rolls Royce plc v Unite the Union (High Court decision)

07 November 2008

Subjects Redundancy; Justification

Source (Lewis Silkin LLP)

Lawful use of length of service in redundancy selection criteria.

Galt & others v National Starch & Chemical Limited

07 November 2008

Subjects Redundancy; Justification

Source (Lewis Silkin LLP)

An employment tribunal rules that an enhanced redundancy scheme which gave greater credit for service over 40 was unlawful as the employer could not identify a legitimate aim for the less favourable treatment of the younger employees.

Sharma v Millbrook Beds Ltd

02 October 2008

Subjects Justification; Pay and benefits; Dismissal

Source (Lewis Silkin LLP)

Sharma v Millbrook Beds Ltd involved an employer whose attempts to reduce the risk of a claim backfired.

Swann v GHL Insurance Services UK Ltd

02 October 2008

Subjects Justification; Pay and benefits

Source (Lewis Silkin LLP)

This is the first reported age discrimination case dealing with the thorny issue of flexible benefits schemes; in particular the implication of age-related premiums in the private medical insurance component of such a scheme.

Palacios de la Villa v Cortefiel Servicios SA

30 September 2008

Subjects Justification; Retirement; International case

Source (Lewis Silkin LLP)

The European Court of Justice has decided that national laws on compulsory retirement at a particular age must be justified in order to be lawful.

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.

Bloxham v Freshfields Bruckhaus Deringer

30 September 2008

Subjects Justification; Pay and benefits; Pensions

Source (Lewis Silkin LLP)

A tribunal has ruled that a law firm did not unlawfully discriminate on age grounds when it reformed its partner pension scheme - even though the extent of partners’ losses depended on their age.

MacCulloch v Imperial Chemical Industries plc (EAT case)

30 September 2008

Subjects Redundancy; Justification

Source (Lewis Silkin LLP)

The EAT rules that ICI can potentially justify both age and service elements in their enhanced redundancy scheme.

Loxley v BAE Systems Land Systems (Munitions & Ordnance) Ltd

30 September 2008

Subjects Redundancy; Justification

Source (Lewis Silkin LLP)

An age cut-off for redundancy payments can be justified if pension provision adequately cushions the impact of financial loss

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.

Seldon v Clarkson Wright and Jakes (ET decision) and Hampton v Lord Chancellor and Ministry of Justice

04 December 2007

Subjects Justification; Retirement

Source (Lewis Silkin LLP)

The old statutory retirement procedure which, if correctly followed, would protect an employer from unfair dismissal and/or age discrimination claims, only applies to employees.

Martin v SS Photay & Associates

12 June 2007

Subjects Justification; Retirement; Ill health and age; Dismissal

Source (Lewis Silkin LLP)

Cleaner in a Dentist's is successful in her age discrimination claim

Cadman v Health and Safety Executive

03 October 2006

Subjects Justification; Pay and benefits; International case; Indirect Discrimination

Source (Lewis Silkin LLP)

In general, employers do not need specifically to justify using length of service to calculate pay, according to the ECJ in Cadman v Health and Safety Executive.

Cross and others v British Airways plc

07 September 2006

Subject Justification

Source (Lewis Silkin LLP)

The financial cost to a private employer of avoiding an indirectly discriminatory provision will not, on its own, be a good enough justification.

Mangold v Helm; Adeneler v Ellinikos Organismos Galaktos

04 July 2006

Subjects Justification; Ill health and age; International case

Source (Lewis Silkin LLP)

A German law providing older fixed term workers with fewer legal protections than their younger counterparts was unlawful age discrimination.