LATEST AGE DISCRIMINATION CASES — age discrimination
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Justification
An Employment Tribunal has found that the University of Oxford’s policy of mandatory retirement at 68 years old could not be justified.
Comment
A claim for direct age discrimination in relation to a ‘pension age cap’ policy in a voluntary redundancy payment succeeded.
1 Comment
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.
Comment
The EAT has considered whether “absence of financial means” is capable of justifying indirect age discrimination.
Comment
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.
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The University of Oxford has successfully defended its retirement age.
Comment
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.
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An 88 year old woman who was sacked has become the oldest person to win an age discrimination claim.
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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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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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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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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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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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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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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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University criteria that restricted appointment to a post was justified indirect age discrimination.