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AGE DISCRIMINATION CASES

Age discrimination cases are coming through the tribunals thick and fast. Employment Tribunal figures show an increase in age discrimination claims from 972 in 2006/7 when the Employment Equality (Age) Regulations 2006 came into force, to 2,949 in 2007/8, 3,801 in 2008/9, 5,200 in 2009/10, 6,800 in 2010/11 and 3,800 in 2011/12.  We summarise some of the most important in this section.

The latest age discrimination case reports appear below.  The links on the left will take you to the age discrimination cases archive, classified according to the main issue(s) in each case.

Please contact us with any relevant or interesting age discrimination cases of which you are aware.

Dansk Industri (DI) v Estate of Karsten Eigil Rasmussen (ECJ decision)

19 April 2016

Subjects Retirement; International case; Dismissal

Source (Lewis Silkin LLP)

The ECJ says that a national court must disapply principles of national law that conflict with the general principle of EU law prohibiting age discrimination, and cannot prioritise principles of legal certainty or legitimate expectations instead.

Smith v Gartner UK Ltd (EAT decision)

08 March 2016

Subject Direct Discrimination

Source (Lewis Silkin LLP)

The EAT dismisses an appeal against an ET's decision to strike out a direct age discrimination claim.

Perrin v Fred Christophers Ltd (ET decision)

13 February 2016

Subjects Redundancy; Dismissal; Direct Discrimination

Source (Lewis Silkin LLP)

Comments that an employee was to be replaced by "a young, fit blonde" were age discrimination.