A valid defence for an age discrimination claim linked to an enhanced redundancy scheme?
The case of Heron v Sefton Metropolitan Borough Council considered whether there was any defence to an age discrimination claim regarding an enhanced redundancy scheme.
Legally, an employer cannot discriminate against someone due to age unless it demonstrates (i) a legal exception (‘statutory authority defence’) or (ii) it is legally justified.
An employer will be exempt from liability if it has no option but to discriminate in order to comply with ‘a requirement of an enactment’…
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Also: no requirement to take every possible step when investigating whether an employee is disabled.