2015/44 An age-discriminatory staff policy? (DK)
According to the Danish Anti-Discrimination Act, which is based on the Employment Equality Framework Directive, if an apparently neutral staff policy works to the disadvantage of employees of a certain age compared with other employees, this constitutes indirect discrimination, unless the policy is objectively justified by a legitimate aim and the means of achieving that aim are appropriate and necessary.
In this case, the Danish Eastern High Court had to consider whether a policy providing for six months' notice to all employees in case of redundancies – regardless of their length of service – was in breach of the Danish Anti-Discrimination Act.
The Danish Salaried Employees Act lays down a minimum notice period for all salaried employees. The notice period is extended when an employee has been employed for a certain number of years. The longer an employee stays employed, the longer the notice period. Similar provisions are provided in most Danish collective agreements.
Ă˜stre Landsret (Danish Eastern High Court), 2015-07-08