Age Discrimination - Seldon And Homer Supreme Court Judgments

The Supreme Court has now handed down its judgments in the cases of Seldon v Clarkson Wright and Jakes [2012] UKSC 16, and Homer v Chief Constable of West Yorkshire Police [2012] UKSC 15, which deal with age discrimination; Seldon covers justification of direct discrimination and Homer indirect discrimination. Although both cases concerned the Employment Equality (Age) Regulations 2006, the regulations are substantially re-enacted in the Equality Act 2010 and these cases remain relevant to all employers. They emphasise that the test for justifying direct age discrimination is narrower than for indirect discrimination. Whereas indirect age discrimination can be justified by, for example, a real need on the part of the employer's business, direct age discrimination must be justified by reference to public interest objectives which are distinguishable from purely individual reasons particular to the employer's situation.

These judgments provide a useful summary of age discrimination case law and current thinking. They include guidance to employers on what are legitimate aims which will justify age discrimination. Employers seeking guidance on how a company retirement age may be justified should note that the Seldon judgment suggests that a mandatory retirement age will only be justified in limited circumstances.

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The Supreme Court has now handed down its judgments in the cases of Seldon v Clarkson Wright and Jakes [2012] UKSC 16, and Homer v Chief Constable of West Yorkshire Police [2012] UKSC 15, which deal with age discrimination; Seldon covers justification of direct discrimination and Homer indirect discrimination. Although both cases concerned the Employment Equality (Age) Regulations 2006 ("the Age Regulations"), the Age Regulations are substantially re-enacted in the Equality Act 2010 and these cases remain relevant to all employers. They emphasise that the test for justifying direct age discrimination is narrower than for indirect discrimination. Whereas indirect age discrimination can be justified by, for example, a real need on the part of the employer's business, direct age discrimination must be justified by reference to public interest objectives which are distinguishable from purely individual reasons particular to the employer's situation.

These judgments provide a useful summary of age discrimination case law and current thinking. They include guidance to employers on...