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Age discrimination – what can we learn from other countries?

by on October 15, 2012

Over the last year we’ve commented on a few of the age discrimination cases that have been working their way through the UK legal system.

Law firm Lewis Silkin’s useful website on this topic currently features an article about other common law jurisdictions (Canada, the USA and New Zealand) where anti-age discrimination legislation has been in place for longer than here.

Of particular interest is the analyisis of the Canadian ‘undue hardship’ rule and its potential parallel with the ‘costs plus’ test in the UK.

This test came about from the Employment Appeal Tribunal decision in Cross & anor v British Airways. The test essentially means that age discrimination cannot be justified solely on the grounds that not to discriminate would involve increased costs – there has to be some other factor as well before there might be justification.

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