LATEST AGE DISCRIMINATION CASES — age discrimination
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Burden of proof
A man did not suffer age discrimination when his application to be a Criminal Investigator was rejected.
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There was no age discrimination when a 60 year old was denied entitlement to a payment which would have enhanced his pension.
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A woman was not dismissed because she was of “childbearing age”, meaning that she lost her claim of direct age discrimination
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The burden of proof did not shift in this case involving a 58 year old security worker.
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A debt recovery officer employed by a local council failed to establish that his dismissal for absence constituted direct age discrimination, or victimisation.
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An age discrimination claim was struck out because there was a lack of evidence to demonstrate any reasonable prospect of success.
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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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The EAT says that it was not age discrimination to demote a poor performing partner in a law firm.
The EAT overturns a decision that a teacher suffered unlawful indirect age discrimination.
An experienced teacher brought claims of unfair dismissal and indirect age discrimination on the basis that she was forced out of her role due to the cost of her employment compared to the cost of employing more junior teachers.
The EAT says: don’t just look at whether the decision maker discriminated – also those who might have influenced the decision maker.
The EAT overturned a ruling that an employee suffered age discrimination when a younger, less qualified person was appointed to a position in a redundancy situation.
The ET finds no discrimination when decision maker didn’t discriminate, but was influenced by others who might have discriminated.
A sketch writer for the Daily Telegraph fails in his “implausible” age discrimination claim.
58 year old production manager told “you can’t teach an old dog new tricks” wins age discrimination claim on appeal.
Gamekeeper who lost “his whole life” after being dismissed for being “set in his ways” wins £110k in age discrimination claim (including aggravated damages).
An employee who was unfairly dismissed, had not been subjected to age discrimination.
Finding of age discrimination made on basis that witness had lied and that in those circumstances the employer could not, apparently as a matter of law, satisfy the law on the burden of proof.
The EAT upheld an ET’s decision that a 42-year-old banker had suffered unlawful age discrimination because of a bank’s use of the word “younger”.
This case deals with using “age” as a selection criteria in recruitment. The decision itself is well worth a read and contains useful lessons for any employer.