Age discrimination in the courts: recent and forthcoming case law Presentation by Michael Rubenstein Publisher, Equal Opportunities Review Editor, Industrial Relations Law Repo rts

Age limits for recruitment or retention (1 ) - Radio 1 example: must change to connect with a new generation (see EOR 192, Strictly young) - Is trying to convey a youthful image justifiable? - To what extent does replacing older workers with younger involve ageist stereotyping?

Age limits for recruitment or retention (2) - Petersen (C-341/08): maximum age limit of 68 to practice as dentist in Germany AG Opinion: justifiable to provide opportunities for new generation – ie job blocking - Seldon v Clarkson Wright & Jakes (CA judgment awaited): partner in law firm retired at 65. EAT accepted need to create promotion prospects was justification.

Age limits for recruitment or retention (3) - Wolf v Stadt Frankfurt (C-229/08): upper age of 30 for recruitment as firefighter AG Opinion: justified because firefighters will only work until 45/50 - Contrast Baker v NATS: ET holds age limit of 36 for recruitment as air traffic controller unlawfully discriminatory

Redundancy arrangements (1) - MacCulloch v ICI: contractual scheme with bands that were more age discriminatory than statutory scheme had to be justified - Loxley v BAE: exclusion of workers entitled to occupational pension from contractual redundancy scheme had to be justified

Redundancy arrangements (2) Andersen: Is exclusion from redundancy payment of those in receipt of early retirement pension contrary to the Directive? London Borough of Tower Hamlets v Wooster: EAT upholds finding that council made 49-year old employee redundant because it wanted to avoid early retirement costs at age 50.

Default retirement age: Age UK case Administrative Court holds introducing DRA did not contravene Framework Directive Met legitimate policy aim of maintaining confidence in the labour market Expresses view that age 65 is no longer justified Only realistic alternatives for HMG from 2011 are to raise DRA to 68 or 70, or scrap it altogether

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