Employment—Discrimination—Grounds of age

Supreme Court, Lord Hope DP, Lady Hale, Lord Brown, Lord Mance and Lord Kerr SCJJ, 25 Apr 2012

The Supreme Court considered the question whether a requirement which works to the comparative disadvantage of a person approaching compulsory retirement age is indirectly discriminatory on grounds of age.

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.

In 1995, the employee, who was aged 51, began working for the employer as a legal adviser. When he was appointed, the role did not require a law degree or equivalent if the post-holder had exceptional experience or skills in criminal law combined with a lesser qualification in law. In 2005, the organisation introduced a new grading structure to improve career progression. It provided for three promotion thresholds above the starting grade, the third and final