Podcast Location:
Download it here [file size: 19.8 MB]
Categories:
Employment Law
CPD Points:
Up to 1 point. details »

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Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Regulated by the Bar Standards Board:
Listen and pass the quiz: Gain 1 accredited CPD point (60 minutes)

Regulated by ILEX:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Cost:
  • FREE
Length:
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Contributor(s):
Course Aims:

This podcast will analyse a number of recent cases concerning employment discrimination on grounds of age. It will look at the issues surrounding the justification of age discrimination on the grounds of protecting the public interest, including balancing financial resources and the intergenerational distribution of work within the labour market. Attention will also be given some recent case law concerning the application of the genuine occupational requirement defence to age discrimination. The podcast will latterly focus on whether discrimination can satisfy a legitimate aim, how different EU member states approach the question of proportionality and how rigorously this caveat is enforced.

Outcomes:
After completing the course you will:
  • Be aware of some of the recent case law concerning age discrimination;
  • Understand the way the issue of justification has been approached by other EU member states and how the ECJ dealt with those cases;
  • Understand the factors that may be relevant to a justification defence;
  • Be aware of the recent pronouncements on the scope of the genuine occupational requirement defence;
  • Be aware how the UK courts deal with arguments about proportionality in age discrimination cases.
Level:
Intermediate Difficulty: 3 of 5
Classification:
Case Update
Legal Principles
Sources and References:
  • Petersen v Berufungsausschuss Für Zahnärzte Für Den Bezirk Westfalen-Lippe C-341/08 ECJ;
  • Wolf v Stadt Frankfurt Am Main Case EUECJ C-229/08;
  • EC Equal Treatment Framework Directive 2000/78/EC Art 2(5), 6;
  • R (on the application of Age Concern England) v Secretary of State for Business, Enterprise and Regulatory Reform EUECJ Case C-388/07;
  • R (on the application of Age UK) v Secretary of State for Business, Innovation and Skills [2009] EWHC 2336 (Admin);
  • Baker v National Air Traffic Services Ltd ET/2203501/2007;
  • Hardys and Hansons PLC v Lax [2005] EWCA Civ 846 ;
  • Kucukdeveci (Social policy) [2010] EUECJ C-555/07;
  • Mangold (Social policy) [2005] EUECJ C-144/04.

This podcast looks at a range of recent cases from the European Court of Justice on the interpretation of the EU Equal Treatment Framework Directive with respect to discrimination on grounds of age.

Podcast added: 18/03/10

Podcast last reviewed: 2011-11-30

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