David Jones in the Supreme Court

David Jones in the Supreme Court

17 January 2012 12:00:00 GMT

DAVID JONES IN THE SUPREME COURT

MIDDLESEX GUILDHALL – 17th JANUARY 2012

Employment specialist and Head of Broadway House Chambers, David Jones, is currently appearing in the Supreme Court of the United Kingdom in the appeal of Homer v Chief Constable of West Yorkshire Police on behalf of the Chief Constable.

In October 2005, the appellant commenced employment with the Police National Legal Database (PNLD) as a legal adviser. At the time, legal advisers were required to hold a law degree or equivalent, or have "exceptional experience/skills in criminal law, combined with a lesser qualification in law". The appellant qualified under the third requirement. Following a review in 2005, the PNLD established a new career structure with three thresholds. In order to be eligible for the highest pay grade, legal advisers were required to hold a law degree. The appellant was refused entry into the highest pay grade on the basis he did not hold a law degree. He complained to the Employment Tribunal that he had been treated less favourably on the ground of his age, within the meaning of regulation 3 of the Regulations, on the ground that, being 61, he would not be able to obtain a law degree before he was likely to retire, unlike younger employees.

The appeal concerns the proper interpretation of “particular disadvantage” in Regulation 3(1)(b)(i) of the previously in-force Employment Equality (Age) Regulations 2006 (now repealed and replaced by the Equality Act 2010). In the Employment Tribunal Mr Homer succeeded in his argument that the criterion could not proportionately justify the force’s legitimate aim of recruiting and retaining staff of the appropriate quality. The Employment Appeal Tribunal (at [2009] IRLR 262) overturned the ET’s decision and the Court of Appeal (at [2010] IRLR 619) upheld the EAT’s conclusions. Mr Homer appeals to the Supreme Court.

For a discussion of the case and the issues surrounding it please click on the following link to the BBC Radio 4 Today programme website: http://news.bbc.co.uk/today/hi/today/newsid_9679000/9679609.stm