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AGE DISCRIMINATION: Where are we now?

03 October 2014  

Sarah Keeble and Mark Stroud review three recent age discrimination cases

Since the abolition of the default retirement age on 6 April 2011, dismissing an individual who is at or approaching retirement amounts to direct age discrimination pursuant to s13(1) of the Equality Act 2013. However, unlike direct discrimination on the basis of the other protected characteristics, direct age discrimination can be objectively justified under s13(2). If an employer can demonstrate that the treatment was ‘a proportionate means of achieving a legitimate aim’, a claim will fail. This defence can therefore dramatically hamper an individual’s ability to bring a successful age discrimination claim under the UK regime. But how has the justification defence been interpreted by the courts?

Additional Info

  • Case(s) Referenced:

    Amnesty International v Ahmed [2009] UKEAT/0447/08

    Reynolds v CLFIS (UK) Ltd & ors [2014] UKEAT/0484/13/MC

    Seldon v Clarkson Wright & Jakes UKEAT/0434/13/RN

    Specht & ors v Land Berlin [2014] C-501/12

Last modified on 20 October 2014