The employment tribunal in this case found that comments from two managers in capability meetings, suggesting that an underperforming older worker might consider early retirement, constituted age discrimination.
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.