An age cut-off for redundancy payments can be justified if pension provision adequately cushions the impact of financial loss.
The EAT rules that ICI can potentially justify both age and service elements in their enhanced redundancy scheme.
The AG has given an opinion stating that the compulsory retirement age of 65 is potentially legal under EU law.
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.
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.
This Scottish case was one of the first to be decided in relation to harassment on age grounds.
German survivor's pension claim rejected by the ECJ.
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.
An employee dismissed one day before his 65th birthday succeeded in his age discrimination claim.
The requirement for recent "hands on" experience was not age discriminatory.
Cleaner in a dentist is successful in her age discrimination claim.
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.
The financial cost to a private employer of avoiding an indirectly discriminatory provision will not, on its own, be a good enough justification.
A German law providing older fixed term workers with fewer legal protections than their younger counterparts was unlawful age discrimination.