Source: All England Reporter
Publisher Citation: [2012] All ER (D) 122 (Apr)
Neutral Citation: [2012] UKSC 15
Court: Supreme Court
Judge:

Lord Hope DP, Lady Hale, Lord Brown, Lord Mance and Lord Kerr SCJJ
Representation Robin Allen QC and Declan O'Dempsey (instructed by McCormicks, Harrogate) for the employee.
  Clive Lewis QC and David N Jones (instructed by the Force Solicitor, West Yorkshire Police) for the employer.
Judgment Dates: 25 April 2012

Catchwords

Employment - Age discrimination - Contract of service - Age discrimination - Employer introducing career structure with three thresholds - Third threshold requiring employee to have law degree - Employee not having relevant qualification - Employee not able to undertake qualification because of planned retirement - Employment Tribunal finding employee placed at particular disadvantage - Employment Appeal Tribunal reversing decision and finding if indirect discrimination had existed it was not objectively justified - Court of Appeal upholding that decision - Both parties appealing - Whether introduction and application of law degree provision putting employee and others in age group at particular disadvantage - Employment Equality (Age) Regulations 2006, .

The Case

Employment Age discrimination. The Supreme Court held that the employer had committed indirect discrimination where it introduced a requirement to have a degree into a job specification, where the existing employee was unable to complete a part time degree before reaching retirement age. Further, as the tribunals had not considered the question of justification properly, the case would be remitted for the issue of justification to be properly argued.

Practice Areas

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