Supreme Court holds that degree requirement for promotion was indirect age discrimination against employee nearing retirement
-
expand disabled
Homer v Chief Constable of West Yorkshire Police [2012] IRLR 601 SC (0 other reports)
The Supreme Court sent the case back to the employment tribunal to decide whether or not the employer's actions were justified as a proportionate means of achieving a legitimate aim. The employment tribunal decided that the employer's actions were not justified (Homer v Chief Constable of West Yorkshire Police ET/1803238/2007).
age discrimination | indirect discrimination | requirement for promotion | retirement
The Supreme Court has held that a requirement that employees obtain a law degree before they could be promoted to the highest grade was indirect age discrimination against the claimant, who did not have enough time to complete a degree before he reached the employer's retirement age. However, it sent the case back to the employment tribunal to decide whether or not the employer's actions were justified as a proportionate means of achieving a legitimate aim.
