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HOMER v CHIEF CONSTABLE OF WEST YORKSHIRE

The Supreme Court held that a requirement to have a law degree for career progression worked to the comparative disadvantage of a person approaching compulsory retirement age and was indirectly discriminatory on grounds of age.

30 April 2012

The appellant (H) appealed against a decision ([2010] EWCA Civ 419) that he had not been discriminated against by the respondent chief constable on grounds of age.

The chief constable cross-appealed against the decision that if there had been such discrimination it could not be justified. H was 62. He had retired from the police force at the age of 51 before working for the Police National Legal Database (PNLD). PNLD introduced a new career structure which meant that for H to achieve promotion to the next threshold a law degree was required. H did not have a law degree and would be beyond PNLD’s normal retirement age of 65 by the time he could achieve such a qualification. The employment tribunal held that H had been indirectly discriminated against within the Employment Equality (Age) Regulations 2006 reg.3(1)(b) on grounds of his age and that that was not objectively justified. Regulation 3(2) required that the complainant’s relevant circumstances had to be the same, or ...

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