Employment Update - November 2013

Case Update

Age discrimination and justification

Two recent cases have focused on the issue of objective justification in the context of age discrimination. In Dansk Jurist-og Okonomforbund v Indenrigs-og Sundhedsministeriet the ECJ had to assess whether a Danish pay protection scheme, which excluded those over the age of 65, could be objectively justified.

The Danish civil service operated a scheme whereby those made redundant were entitled to continue receiving their salary for three years after their redundancy. This reason given for this was that they could then redeploy those individuals, should a position arise in the three years, retaining the skills and independence of the civil service. Those over 65 were excluded because they could draw a (reduced) pension from 65, although they didn't have to retire until 70.