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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

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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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