Originally published May 2010
The Court of Appeal has considered the Employment Equality (Age)
Discrimination Regulations 2006 for the first time in the case of
Homer v Chief Constable of West Yorkshire.
The claimant, who was aged 61 and approaching retirement at 65,
complained about the introduction of a requirement that employees
obtain a law degree in order to be considered for promotion to a
higher employment grade. The claimant did not have a law
degree and would not have time to obtain one before he retired. The
Court of Appeal agreed with the EAT that this did not constitute
age discrimination.
The EAT had said that the operation of the requirement against him
was an inevitable consequence of age but not a consequence of age
discrimination. The Court of Appeal accepted that both the loss of
status and pay could strengthen a claim of age discrimination.
However, in this case, although it might seem to be unfair to the
claimant because he was close to retirement age, the employer's
practice was lawful.
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