LATEST AGE DISCRIMINATION CASES — age discrimination
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Employment Tribunal
Ms Anne Giwa Amu v Department for Work and Pensions: 1600465/2017
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An Employment Tribunal has found that the University of Oxford’s policy of mandatory retirement at 68 years old could not be justified.
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A man did not suffer age discrimination when his application to be a Criminal Investigator was rejected.
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Asking the date of an example given when answering an interview question was not direct age discrimination or age-related harassment.
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A comment that someone was “too old” could be age-related harassment.
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A claim for direct age discrimination in relation to a ‘pension age cap’ policy in a voluntary redundancy payment succeeded.
1 Comment
Previous “sham” redundancy involving an older employee was not evidence of age discrimination.
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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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There was no evidence that a young female Polish worker was subject to direct age discrimination or age-related harassment.
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A serial litigant was rejected from an assessment centre due to his “abrasive” attitude and not because of his age. He was ordered to pay the employer’s full legal costs.
1 Comment
Telling someone to “grow up” was not direct age discrimination.
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An age discrimination claim failed where no suitable comparators were identified and the alleged discrimination was based solely on the claimant’s tendency to take offence easily.
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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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A decision to dismiss an older print room manager and replace him with younger colleagues was motivated by age, not a “breakdown of mutual trust and confidence”.
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There was no age discrimination when a bird keeper was dismissed after a meeting in which retirement was described as “a lovely option”.
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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 Facebook job advert stating “Over 25s only” was enough to shift the burden of proof in a direct age discrimination claim, but the employer was able to disprove discrimination.
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A job advert that said a pub was looking for staff “between the ages of 18 and 25” was both direct AND indirect age discrimination.
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It was direct age discrimination to take duties away from a Showroom Manager because it was “too much responsibility” for someone who was “only 21”.
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An Employment Tribunal has said that “last in first out” is not an irrational method of redundancy selection.
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