In Homer v Chief Constable of West Yorkshire Police [2010] EWCA Civ 419, West Yorkshire Police introduced a requirement that a legal advisor must have a law degree in order to enter the highest pay grade. Mr Homer, aged 61, was unable to obtain a law degree before he retired. Mr Homer claimed that the requirement amounted to unlawful indirect age discrimination.
The Court of Appeal disagreed.
The requirement to have a law degree in order to enter the highest pay grade did not put older employees at a particular disadvantage when compared with younger employees. The disadvantage suffered by Mr Homer was a consequence of his impending retirement and not a consequence of his age.
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