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.
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Justification
An Employment Tribunal must reconsider its decision that a rushed redundancy process was not direct age discrimination.
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.
The Employment Tribunal was required to reconsider parts of a decision on age discrimination after not properly considering the employer’s evidence.
A Greek labour reserve system did discriminate against older workers, but this was justified as it met employment policy objectives in the context of the acute economic crisis facing Greece at the time.
The Court of Appeal confirmed that financial constraints which obliged the probation service to reduce costs could be used to justify indirect age discrimination.
It was indirect age discrimination to effectively ban part-time work, according to an Employment Tribunal.
An Employment Tribunal has found that the University of Oxford’s policy of mandatory retirement at 68 years old could not be justified.
A claim for direct age discrimination in relation to a ‘pension age cap’ policy in a voluntary redundancy payment succeeded.
The WASPI campaign fails as the High Court finds that changes to the state pension age for women are not directly or indirectly discriminatory to women born in the 1950s.
The EAT has considered whether “absence of financial means” is capable of justifying indirect age discrimination.
An Employment Tribunal found that a 54-year-old employee did not suffer age discrimination despite being made redundant 12 weeks before being able to access his pension.
Although a belief that insurance cover prevented a 67 year old from driving was erroneous (the policy actually prevented 70+ year olds from driving) it was not age discrimination to stop him from driving. A justification defence succeeded.
An 88 year old woman who was sacked has become the oldest person to win an age discrimination claim.
It was not indirect age discrimination to use an internal Talent Pool when deciding who to recruit. Even if it were age discrimination, it would have been justified.
An Employment Tribunal dismissed an age discrimination claim which argued that a Council worker had been sacked because of a stereotypical assumption about the behaviour of older men.
Two cases have been judged in tandem by the Court of Appeal due to the similarity in issues regarding age discrimination and new pension schemes.
In this case, the Court of Appeal ruled that a good leaver provision in an LTIP could be objectively justified on the basis that the employer wished to achieve intergenerational fairness and consistency, reward experience and loyalty, and ensure a mix of generations of staff.
The Employment Appeal Tribunal has dismissed an appeal by the Government against a decision that transitional provisions in a judicial pension scheme were unlawfully discriminatory.