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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

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

Muckle LLP—Roland Fairlamb

Muckle LLP—Roland Fairlamb

Specialist associate solicitor rejoins Muckle’s leading employment team

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
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Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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