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11 May 2012
Issue: 7513 / Categories: Case law , Law reports , In Court
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Employment—Discrimination—Grounds of age

Homer v Chief Constable of West Yorkshire Police [2012] UKSC 15, [2012] All ER (D) 122 (Apr)

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

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MOVERS & SHAKERS

EIP—Stuart Malcolm

EIP—Stuart Malcolm

EIP strengthens Commercial practice with a new partner

Ellisons—Francesca Brown

Ellisons—Francesca Brown

Ellisons welcomes Francesca Brown to Family team

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau strengthens Sheffield regulatory practice with new hires

NEWS
A wide-ranging Civil Way column highlights developments from insolvency procedure to employment law, but one case stands out for its lessons on bankruptcy, family homes and digital communications
A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law
Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
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