LATEST AGE DISCRIMINATION CASES — age discrimination
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.
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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.
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There was no direct, or indirect, age discrimination after two part-time partial retirees had their posts deleted.
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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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