LATEST AGE DISCRIMINATION CASES — age discrimination
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Pensions
The application of the compensation cap to reduce the pensions of those below normal pension age gave rise to unlawful age discrimination.
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A claim for direct age discrimination in relation to a ‘pension age cap’ policy in a voluntary redundancy payment succeeded.
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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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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.
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A doctor left a pension scheme to avoid tax penalties. Years later, his employer set up a scheme to compensate those affected. It wasn’t indirect age discrimination to limit the retrospective effect of the scheme.
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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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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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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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An employment tribunal has ruled in favour of 200 judges whose pension entitlements were cut and found unjustified age discrimination.
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Was it age discrimination for a Finnish law to tax pension income at a higher rate than earned income?
Did additional “pension strain cost” influence a decision not to make someone redundant?
This case involved a director denied the opportunity to apply for voluntary redundancy.
The ECJ has found Austrian civil service pension law to be objectively justified.
An employee was dismissed 11 days before she was due to receive a pension.
Pension scheme that paid more to older people could be justified
A decision to dismiss a 49 year old three months before his 50th birthday in order to avoid additional pension costs was direct age discrimination.
The Pension Ombudsman rules that tapering of a lump sum payment under the Civil Service Compensation Scheme was in breach of the Employment Equality (Age) Regulations 2006.
The Court of Appeal upheld an appeal.
In this case, the British Gurkha Welfare Society (“BGWS”) sought to challenge the pension arrangements put in place for Gurkhas following a government review in December 2006.
A former Council employee is successful in possibly the highest value age discrimination claim to date