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Justification
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Justification
Cases
Homer v Chief Constable of West Yorkshire Police (Court of Appeal decision)
27 April 2010
Subject
Justification
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
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Martin and others v Professional Game Match Officials Ltd
13 April 2010
Subjects
Justification; Retirement
The Employment Tribunal rules that a retirement age of 48 for match officials is direct age discrimination.
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Kücükdeveci v Swedex (ECJ decision)
19 January 2010
Subjects
Justification; Recruitment; International case
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.
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Wolf v Stadt Frankfurt am Main (ECJ decision)
12 January 2010
Subjects
Justification; Recruitment; International case
The ECJ has given their judgement on a German law restricting applications to the fire service to those under 30.
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Petersen v Berufungsausschuss für Zahnärzte für den Bezirk Westfalen-Lippe
12 January 2010
Subjects
Justification; Retirement; International case
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.
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British Gurkha Welfare Society v Ministry of Defence
11 January 2010
Subjects
Justification; Pensions
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.
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Kücükdeveci v Swedex (Advocate-General opinion)
23 November 2009
Subjects
Justification; International case; Dismissal
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.
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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.
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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.
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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.
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Hütter v Technische Universität Graz
18 June 2009
Subjects
Justification; Pay and benefits; International case
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.
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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.
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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.
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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.
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Baker v National Air Traffic Services Limited
03 March 2009
Subjects
Justification; Recruitment
Upper age limit of 35 for recruitment of air traffic controllers held unlawful
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Seldon v Clarkson Wright & Jakes (EAT decision)
19 December 2008
Subjects
Justification; Retirement
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.
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Homer v Chief Constable of West Yorkshire Police (EAT decision)
03 December 2008
Subject
Justification
A legal adviser, aged 61, ineligible for promotion unless he obtained a law degree was not discriminated against on the grounds of his age.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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Loxley v BAE Systems Land Systems (Munitions & Ordnance) Ltd
30 September 2008
Subjects
Redundancy; Justification
An age cut-off for redundancy payments can be justified if pension provision adequately cushions the impact of financial loss
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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.
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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.
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Martin v SS Photay & Associates
12 June 2007
Subjects
Justification; Retirement; Ill health and age; Dismissal
Cleaner in a Dentist's is successful in her age discrimination claim
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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.
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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.
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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.
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