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Use the links below if you are looking for cases on a specific issue.

Direct discrimination

Direct discrimination is less favourable treatment because of age. 

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Indirect discrimination

Indirect discrimination arises if neutral policies or criteria put a certain age group at a disadvantage.

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Discrimination can only be justified if it is a proportionate means of achieving a legitimate aim.

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Operating a retirement age can lead to litigation. These days, many employers do without.

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Pay and benefits

Costs alone cannot justify discrimination. 

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Objective age-neutral criteria should be used in redundancy selection.

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Managing older workers is something that many employers can struggle with. 

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Cases of age-based harassment are rare.

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What if someone is fired just before they were due to accrue large pension benefits?

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Age limits in recruitment have been litigated often, mostly in European cases.

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Burden of proof

Proving age discrimination involves employees first show facts which infer discrimination. Then the employer must show there wasn't any. 

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Age, Ill health and disability

Generally, age is linked with deteriorating health. 

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Browse by court

Use the links below if you are looking for cases heard at a certain level.

Employment Tribunal (ET)

This is where are employment cases begin. Cases at this level often contain colourful facts.

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Appeals from the ET can be made to the EAT only on points of law or if the decision was perverse

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Court of Appeal

The next level of appeal.

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Supreme Court

The highest court in the UK. There have only been a few age discrimination cases to reach this level.

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European Court of Justice (ECJ)

Any UK court can make a reference to the ECJ on the interpretation of EU law. The ECJ will then make a ruling and the case will be returned back to the referring court. All UK courts must follow its decisions.

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High Court

Where UK law appears to be age discriminatory, a judicial review can be made to the High Court to challenge the law. The High Court can also make declarations as to whether age discrimination exists in a given situation.

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The Pension Ombudsman investigates and decides on complaints about the way pension schemes are run.

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