Age discrimination: Person specification seeking "younger" candidate sufficient to shift burden of proof to employer

In Canadian Imperial Bank of Commerce v Beck EAT/0141/10, the EAT held that the employment tribunal was entitled to find that, notwithstanding the inherently unlikely nature of an age discrimination claim on the facts, the employer's deliberate use of the word "younger" in a person specification, contrary to expert advice, was sufficient to shift the burden of proof to the employer.