Uk Supreme Court Court April 2012 Judgments
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Homer Vs. Chief Constable of West Yorkshire Police
Court: UK Supreme Court
Decided on: Apr-25-2012
LADY HALE (WITH WHOM LORD BROWN AND LORD KERR AGREE) 1. The case of Seldon v Clarkson Wright and Jakes [2012] UKSC 16, which was heard alongside this case, concerned direct discrimination on the ground of age. In that case there was no issue that the application of a mandatory retirement age constituted direct age discrimination. The issue was how it might be justified. This case concerns indirect discrimination on the ground of age. Mr Homer appeals against the holding of the Court of Appeal that there was no such discrimination in his case. The Chief Constable appeals against the holding that, if there was such discrimination, it could not be justified. The proceedings 2. Mr Homer retired from the police force in October 1995 at the age of 51 with the rank of Detective Inspector. He immediately began work with the Police National Legal Database (PNLD) as a legal adviser. The PNLD provides legal advice and other resources to police forces and other organisations in the criminal justi...
Seldon Vs. Clarkson Wright and Jakes (a Partnership)
Court: UK Supreme Court
Decided on: Apr-25-2012
LADY HALE (WITH WHOM LORD BROWN, LORD MANCE AND LORD KERR AGREE) 1. This case raises difficult issues about the scope for justifying direct discrimination on the ground of age and in particular a mandatory contractual retirement age. It arises under the Employment Equality (Age) Regulations 2006 (SI 2006/1031) ("the Age Regulations"), the measure by which the United Kingdom transposed Council Directive 2000/78/EC, establishing a general framework for equal treatment in employment and occupation ("the Directive"), into UK law in respect of age discrimination. But the same issues arise under the Equality Act 2010, which has now replaced those Regulations. 2. Age is a relative newcomer to the list of characteristics protected against discrimination. Laws against discrimination are designed to secure equal treatment for people who are seen by society to be in essentially the same situation. The Aristotelian injunction that like cases be treated alike depends upon which characteristics are...
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