Comment

Pipe v Coventry University

An employer’s progression policy could have disadvantaged older workers by asking for a PHD or equivalency, but it was justified.  The age discrimination claim in this case would have failed anyway because there were no available promotion opportunities.

Comment

Comment

Dadhania v SAP (UK) Ltd

A 61-year-old account manager was unfairly constructively dismissed after being put on a performance improvement plan without warning, but the majority of the Tribunal concluded there was no age discrimination.

Comment

Comment

McGonagle v Jaguar Land Rover Limited

The EAT required a Tribunal to reconsider its finding that direct age discrimination in access to a car lease scheme was justified, because they took account of an issue that had not been argued by the parties.

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Comment

VT v Ministero dell’Interno

Italian legislation which fixed a maximum age limit of 30 for participation in a competition to recruit police commissioners was age discrimination that could not be justified, and so was incompatible with EU law.

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Comment

Kershaw v Tayside Health Board

An oral surgeon who had qualified before 1993 and did not have a vocational training number required for an NHS list number had not been discriminated against as, on the facts, it was her specialism which debarred her from obtaining the number, rather than her age.

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Comment

Citibank NA v Kirk

The Employment Tribunal was required to reconsider parts of a decision on age discrimination after not properly considering the employer’s evidence.

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