MacCulloch v Imperial Chemical Industries Plc - Finding that age discrimination was justified must involve detailed and thorough consideration of the question of proportionality [2008] EAT

37 year old Miss MacCulloch claimed to have suffered age discrimination due to the way that ICI's redundancy scheme was structured. It was a complex scheme based on age and length of service, and she claimed to have been significantly disadvantaged by comparison with certain older workers, and also by those with longer service. ICI conceded that there was prima facie direct discrimination, but an employment tribunal found that this was justified. Miss MacCulloch appealed.