The Employment Appeal Tribunal has held that the use of the word "younger" in the person specification for the job vacancy that had been created after the claimant had been dismissed was sufficient to raise the suspicion of age discrimination and shift the burden of proof to the employer.
A 62-year-old worker who was made redundant was awarded over £27,000 for age discrimination and unfair dismissal, in a stark warning for employers that allow their redundancy selection procedure to be tainted by age bias.
The Fair Employment Tribunal in Northern Ireland has found that a small business owner committed age discrimination against an employee after she refused to enter into a joint arrangement with him relating to the purchase of land.
In Kücükdeveci v Swedex GmbH & Co KG [2010] IRLR 346 ECJ, the ECJ held that German law that excludes employment below the age of 25 when calculating minimum statutory notice periods based on length of service amounts to unjustified age discrimination contrary to the Equal Treatment Framework Directive.
In Keane v Investigo and others EAT/0389/09, the EAT held that an experienced accountant who applied for jobs aimed at recently qualified accountants that she did not genuinely want was unable to complain of having suffered any disadvantage when she was not put forward for them.