*McCloud and others v Lord Chancellor and Secretary of State for Justice and another

Employment – Discrimination. The Lord Chancellor and the Ministry of Justice (the appellants) appealed against the employment tribunal's decision that they had treated the respondent employees, who were judges, less favourably on the grounds of age, by reason of the transitional provisions in the Judicial Pension Regulations 2015, SI 2015/182 and that the appellants had failed to show that such treatment had been a proportionate means of meeting a legitimate aim. The Employment Appeal Tribunal, in dismissing the appellants' appeal, ruled that, while the tribunal had misdirected itself on the question of legitimate aims by reason of its misunderstanding, and/or misapplication, of the facts and the evidence, its decision that the appellants had failed to show that their treatment of the respondents had been a proportionate means of achieving a legitimate aim had been correct in law.

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