Sentences with phrase «context of age discrimination»

The third is a complex but typically erudite decision of Underhill P in the EAT on the question of the legality of pay protection schemes, but with the twist that this time it arose in the context of age discrimination, not sex discrimination.

In the context of age discrimination (with its unusual element of being able to justify direct discrimination) this arose in Pulham v Barking & Dagenham LBC [2010] IRLR 184, [2009] All ER (D) 221 (Dec) where the EAT took a rather cautious approach to it; they held that the tribunal had been right to hold that a pay protection scheme can be justified, even though prolonging the age differential, but remitted the matter for reconsideration of whether these facts actually did justify the protection.

Not exact matches

The Code prohibits discrimination by a «person» against another «person» (the «complainant») on the basis of various prohibited grounds, such as race, sex and age in various social contexts, such as provision of services, housing and employment.

The general approach to such schemes was considered in Redcar & Cleveland BC v Bainbridge; Surtees v Middlesbrough BC [2008] IRLR 776, CA in the context of equal pay and sex discrimination but in the instant case the interesting variation was that the attack came on the basis of age discrimination (where, of course, one difference is that even direct discrimination can be justified).

Article 6 of the Directive allows member states to provide that «differences of treatment on grounds of age shall not constitute discrimination, if, within the context of national law, they are objectively and reasonably justified by a legitimate aim, including legitimate employment policy, labour market and vocational training objectives, and if the means of achieving that aim are appropriate and necessary».