Key cases – agediscrimination.info

Many of the uncertainties surrounding the age laws will only be clarified once tribunals and courts begin to decide cases. We plan to summarise the important age cases as they are decided. We also include important relevant discrimination cases in other areas.

Please contact us with any relevant cases of which you are aware

CADMAN v. THE HEALTH AND SAFETY EXECUTIVE

In a nutshell

The European Court of Justice (”ECJ”) has ruled that an employer generally does not need to specifically justify using length of service to calculate pay. An employer will only have to justify using this system for a particular job if a worker can provide evidence that raises serious doubts that this is an appropriate way of rewarding experience.

For more details of this case, click here.

MANGOLD v. HELM

In a nutshell

A German law providing older fixed term workers with fewer legal protections than their younger counterparts was unlawful age discrimination. Although the German government had a legitimate aim, the way in which it had sought to achieve that aim was not proportionate.

Another important aspect of this decision was the ECJ’s ruling that the German government had acted illegally in implementing an age discriminatory law even though the deadline for implementing the age strand of the 2000 EC Anti-discrimination Framework Directive had not yet expired.

For more details of this case, including a link to the judgment, click here.

CROSS v. BRITISH AIRWAYS

In a nutshell

The financial cost to a private employer of avoiding an indirectly discriminatory provision will not, on its own, be a good enough justification. Cost will only be accepted as justifying discrimination where it is one of a number of other justifying factors.

For more details of this case, including a link to the judgment, click here.