Age discrimination against younger workers
Kucukdeveci Case C-555/07, 19 January 2010
Facts:
Kucukdeveci had been employed with a company since the age of 18. In December 2006 she was given notice of dismissal at the age of 28 after serving 10 years. Length of notice in German law is dependent on length of service.
Any service under the age of 25 was not to be taken into account in calculating the notice period. To calculate her notice period only a three year period was used (from 25 to 28 years). Kucukdeveci brought a claim of age discrimination.
Findings of the court:
The aim of the national legislation at issue in the main proceedings was to afford employers greater flexibility in personnel management by alleviating the burden on them in respect of the dismissal of young workers, from whom it is reasonable to expect a greater degree of personal or occupational mobility.
The aim of the law was legitimate in strengthening protection of workers based on length of service. But the law was not proportionate as some persons may have long service but not gain added protection, given the 25 age limit. As a result there was unlawful age discrimination.
Implications:
Employers need to carefully assess whether differences in rights associated with employment which are based on age are for a legitimate aim and proportionate.