- EAT remits proportionality issue in firefighters’ age discrimination case to ET (Sargeant v London Fire And Emergency Planning Authority)
- What are the practical implications of this case?
- What was the background?
- What did the Employment Appeal Tribunal decide?
- Case details
Pensions analysis: In Sargeant v London Fire And Emergency Planning Authority, the Employment Appeal Tribunal ruled that, in determining whether age discrimination was objectively justified, a margin of discretion could be given to the government when considering the legitimacy of an aim based on social policy, however a tighter level of scrutiny must be taken when considering the proportionality of the means used. On the facts, the Employment Appeal Tribunal decided, among other things, that the Employment Tribunal had not taken a proper level of scrutiny when considering the proportionality issue. That aspect of the appeal was therefore remitted to the Employment Tribunal to be considered afresh.
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