LATEST AGE DISCRIMINATION CASES — age discrimination
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Dismissal
A comment that someone was “too old” could be age-related harassment.
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Previous “sham” redundancy involving an older employee was not evidence of age discrimination.
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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 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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An Employment Tribunal has said that “last in first out” is not an irrational method of redundancy selection.
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The dismissal of a hairdresser for redundancy was not age discrimination, despite the fact that two younger members who were also made redundant had carried on working in the salon in a different capacity.
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A Catholic Primary School did not have a practice or policy of hiring less experienced (and younger) teachers.
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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.
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Two care assistants could not show any unfavourable treatment related to their age after they resigned following an investigation into their poor treatment of residents.
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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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Firing a 60 year old woman because she would not be a “good fit” in a “younger team” was direct age discrimination.
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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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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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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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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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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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A failure to investigate a Breakfast Supervisor’s complaints of age discrimination was, in itself, age discrimination.
The ECJ says that a national court must disapply principles of national law that conflict with the general principle of EU law prohibiting age discrimination, and cannot prioritise principles of legal certainty or legitimate expectations instead.
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