Browse by type of case
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.
Indirect discrimination
Indirect discrimination arises if neutral policies or criteria put a certain age group at a disadvantage.
Justification
Discrimination can only be justified if it is a proportionate means of achieving a legitimate aim.
Retirement
Operating a retirement age can lead to litigation. These days, many employers do without.
REdundancy
Objective age-neutral criteria should be used in redundancy selection.
Dismissal
Managing older workers is something that many employers can struggle with.
Pensions
What if someone is fired just before they were due to accrue large pension benefits?
Recruitment
Age limits in recruitment have been litigated often, mostly in European cases.
Burden of proof
Proving age discrimination involves employees first show facts which infer discrimination. Then the employer must show there wasn't any.
Age, Ill health and disability
Generally, age is linked with deteriorating health.
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.
EMPLOYMENT Appeal TRIBUNAL (EAT)
Appeals from the ET can be made to the EAT only on points of law or if the decision was perverse
Supreme Court
The highest court in the UK. There have only been a few age discrimination cases to reach this level.
European Court of Justice (ECJ)
European Court of Justice caselaw remains relevant in the UK after Brexit. Cases before 2021 are generally still binding and even later cases remain highly influential.
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.
PENSION OMBUDSMAN
The Pension Ombudsman investigates and decides on complaints about the way pension schemes are run.