Age discrimination

Companies can claim discrimination

Rejecting the contention that protection from discrimination under the Equality Act is limited to individuals, the EAT has held that a company can bring a claim of direct age discrimination.
EAD Solicitors v Abrams
 

No need to consider mental processes of those influencing the sole decision maker

When deciding whether someone has been dismissed for a discriminatory reason tribunals should only consider the motivation of the person who made the decision to dismiss. There was no need for a tribunal to consider the mental processes of other people influencing the sole decision maker, regardless of the fact that his decision was informed by their opinions.
CLFIS (UK) Ltd v Reynolds
 

Age-related redundancy payments directly discriminatory but justified

A voluntary enhanced redundancy scheme, which benefited older employees more than younger ones, was objectively justified less favourable treatment on the ground of age. 
Lockwood v DWP
 

Cut off for age-related benefits

Stopping an employee’s permanent health insurance (PHI) benefits when he turned 55 was both direct and indirect age discrimination.
Whitham v Capita Insurance Services Ltd
 

Law firm’s mandatory retirement age was justified

Mr Seldon, a partner in a law firm, has lost the latest (and probably last) round of his age discrimination claim following his compulsory retirement at age 65. If there are any employers still seeking to justify a compulsory retirement age, they should take no comfort from this decision or assume that it gives them carte blanche to force retirement at 65.
Seldon v Clarkson Wright & Jakes
 

Requirement for law degree not justified

An employer’s requirement that a legal adviser had a law degree to move up through structured pay grades was not objectively justified and therefore was indirect age discrimination.
Homer v Chief Constable of West Yorkshire Police
 
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