LATEST AGE DISCRIMINATION CASES — age discrimination
An Employment Tribunal has found that there was no age discrimination in a case in which it was alleged a worker was referred to as “young, pretty and single”
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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.
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An Employment Tribunal has found that an applicant for a park attendant role was directly discriminated against because of their age. It is a reminder of the benefit of prepared and scripted interviews, and the dangers of unscripted ones.
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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.
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An Employment Tribunal has rejected the claim of a former employee against Virgin Active, who argued that she was both forced to resign and subjected to harassment because of her age.
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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.
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An Employment Appeal Tribunal has upheld the appeal of firefighters who disagreed with an Employment Tribunal decision that found a new pension scheme was not age discriminatory.
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A Tribunal accepted that comments made by a General Manager that “old workers like old football players need to leave so that it could bring in new blood otherwise the team would not be efficient” were age discrimination.
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Age-related harassment cases are rare. In this case, an Employment Tribunal has held that giving someone extra work and setting them objectives did not amount to less favourable treatment because of age, nor was it harassment.
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There was no finding of age discrimination after bar and waiting staff were replaced with new ones that better fit a “modern and trendy” image.
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This case is a reminder that, when justifying age discrimination, evidence that there are no less discriminatory alternatives is important to show proportionality.
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The ECJ has held that EU law setting an age limit of 65 years old for pilots was not age discriminatory and was justified.
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A Tribunal dismissed a claim of age discrimination was dismissed after holding that, because of uncertainty about the Claimant’s real age, the employer could not have known their age when terminating her.
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An Employment Tribunal has rejected a former employee’s claim against BT, where he argued that he was dismissed as a result of performance improvement plans that were age discriminatory.
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An estate agent subjected an employee to direct age discrimination when they told her she was “better suited to a traditional estate agency”.
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A 63 year old Director of a law firm whose retirement was referred to as “the elephant in the room” had not been subjected to direct age discrimination.
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The Court of Appeal says that it was not discrimination to force Police Officers to retire.
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Italian law requires “on call contracts” (zero hours contracts) to be subject to objective conditions, unless the worker is either under 25 years of age or over 45 years of age. This case considered whether this law is age discriminatory.
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An employment tribunal has ruled in favour of 200 judges whose pension entitlements were cut and found unjustified age discrimination.
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The ECJ has ruled that a police force was justified in setting an age limit of 35 years old for new recruits.
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