Age Discrimination - Justification

The issue of age discrimination has arisen in a number of high-profile cases recently, with celebrities such as John McCririck claiming ageism in decisions made by Channel 4. An employer is not permitted to directly discriminate against employees on grounds of age unless the employer can show that such treatment is objectively justified. At the time of writing Mr McCririck's case is continuing but earlier this year the EAT had to consider the slightly more prosaic issue of the civil service voluntary redundancy scheme operated by the Department of Work and Pensions.

The case (Lockwood v Department for Work and Pensions) concerned a 26 year old employee with 8 years' service who was entitled to a payment of £10,849 under the scheme. Had she been aged over 35 she would have been entitled to an additional £17,690. She claimed direct age discrimination.