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The decision of the Court of Appeal in Homer v West Yorkshire Police, largely upholds the decision of the Employment Appeal Tribunal in the same case. President Elias, as he then was, had stated that it is not indirect age discrimination to require an employee to have a degree where the time that it would take to study for a degree would take him to his retirement age. The disadvantage to older employees in such a situation is an inevitable consequence of age which is “the human condition, and not even Parliament can change it.” Lord Justices Maurice Kay and Mummery went slightly further than this in holding that it is possible to distinguish between something which puts people of a particular age at a disadvantage and something which puts¬†those who are about to retire at a disadvantage. After all, subject to agreement with his employer, the Claimant could have minimised the disadvantage simply by postponing his retirement.
Recent News Articles
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Christmas and New Year Office Closure
Our office will be closing for the holiday period at 12.00pm on Friday 23rd December 2011 and will reopen again until 10.00am on Tuesday 3rd January 2012. Advocates will ...
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Right to legal representation
An important decision was handed down by the Supreme Court yesterday when it overturned the decision of the Court of Appeal in R (on the application of G) v The Governors ...
