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Bloomsburry Family law

Discrimination

Shades of grey: the nuanced approach to age discrimination

The Supreme Court’s latest ruling on the lawfulness of age discrimination failed to provide ready-to-use guidance but it nonetheless offers useful pointers on how employers and tribunals should approach objective justifications depending on circumstances, says Malcolm Sargeant

SELDON v CLARKSON WRIGHT & JAKES

In light of case law of the European Court of Justice which made a distinction between the tests for justification of direct and indirect discrimination, the court considered the correct approach to justifying direct discrimination on the ground of age, particularly a mandatory contractual retirement age.

HOMER v CHIEF CONSTABLE OF WEST YORKSHIRE

The Supreme Court held that a requirement to have a law degree for career progression worked to the comparative disadvantage of a person approaching compulsory retirement age and was indirectly discriminatory on grounds of age.

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