“…ern England) v Secretary of State for Business, Enterprise and Regulatory Reform (Case no C-388/07) [2009] ICR 1080, and Fuchs v Land Hessen (Case no C-159/10) [2012] ICR 93 – but the issues were not the same as those before us, and I do not think that considering them here adds anything useful.…”
“…Similar statements can be found in Hütter v Graz Technische C-88/08; [2009] 3 CMLR 35, Fuchs v Land Hessen C-159/10 [2012] ICR 93 and HK Danmark vExperian SA C-476/11 [2014] ICR 27; this latter case was a case in which the CJEU did say that the measure was unreasonable.…”
“…m purely individual reasons particular to the employer’s situation, such as cost reduction or improving competitiveness” (Age Concern [2009] ICR 1080 and Fuchs [2012] ICR 93).…”
“…The ECJ reminded itself of those observations in Fuchs v. Land Hessen Case C160/10 [2012] ICR 93, at paras 77 and 78. They show that the burden of proof of the legitimacy of a claimed aim is a high one. So it should be. If the promoter of a policy that is …”