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The case of Seldon v Clarkson Wright and Jakes illustrated that the test for justifying direct age discrimination is different and narrower than the general test for justifying indirect discrimination.
In this case a partner from the Respondent firm of solicitors was forced to retire at the age of 65. It was found that the compulsory retirement age contained in the firm's deed of partnership wa
Blog Article | Last updated: 15/05/2012 14:23:00
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In the case of Konczac v BAE Systems (Operations) Limited, the Employment Appeal Tribunal (EAT) had to decide whether the Claimant's loss was terminated by her refusal to accept a settlement offer of £75,000.
In this case, the Claimant brought claims against her ex-employer for unfair dismissal, disability discrimination and sex discrimination in the Employment Tribunal (ET). The Claimant was s
Blog Article | Last updated: 10/05/2012 09:40:00
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In the case of Warby v Wunda Group plc, Mrs Warby worked as a sales consultant for Wunda Group plc. A dispute arose between Mrs Warby and her manager, Mr Pugh. There was conflict as to what had been agreed to be her basic salary. Each party accused each other of lying. Mrs Warby stated that her wages had been changed because she was pregnant. Mr Pugh denied this, and then was prompted to ask
Blog Article | Last updated: 04/05/2012 13:43:00
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It's been well publicised that the Late May bank holiday has been moved to the 4th June and that the 5th June has been declared an extra bank holiday to create a 4 day weekend commemorating the Queen's Diamond Jubilee.
News Article | Last updated: 01/05/2012 14:30:00
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Often both parties are legally represented in employment tribunal claims. However, claimants may represent themselves. The tribunal will assist claimants where necessary in the course of the proceedings but how far should that assistance go?
This Court of Appeal had to consider this issue in the case of John Guest Engineering and Vaio. Mr Vaio successfully won a claim of unfair dismissal and race discrimination against his ex employer following his redundancy.
Blog Article | Last updated: 01/05/2012 09:13:00
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The Employment Equality (Age) Regulations 2006 ("the Regulations") came into force on 1st October 2006, making it unlawful to discriminate against current, prospective and former employees or workers on grounds of age. The Regulations were repealed and replaced by the Equality Act 2010 ("the EqA"), which governs acts of age discrimination committed on or after the 1 October 2010.
Under the transitional arrangements the EqA will also apply to continuing acts of discrimination that started before, and carried on after, 1 October 2010. Tribunal claims in relation to discriminatory acts that took place wholly before 1 October 2010 will still be governed by the Regulations.
Age is one of nine protected characteristics covered by the EqA that has consolidated and harmonised the legislation on disability; gender reassignment; marriage and civil partnership; pregnancy and maternity; race; religion or belief; sex; and sexual orientation also. As a consequence, although most of the provisions set out in the Regulations are replicated by the EqA, and are written in broadly similar terms, the EqA also makes a number of changes and has introduced some new provisions that strengthen the law.
Discrimination HR Resources | Last updated: 30/04/2012 12:43:00
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From 6 April 2011, the statutory default retirement age of 65 was abolished. Consequently, any retirement dismissal taking place on or after 6 April 2011 (and not falling within the transitional provisions below) will constitute direct age discrimination, unless retirement at that age can be objectively justified.
Moreover, retirement is no longer a fair statutory reason for dismissal, meaning employers will have to show that the dismissal of an older worker is for one of the five potentially fair reasons for dismissal and that a fair dismissal procedure was followed.
Termination HR Resources | Last updated: 30/04/2012 11:14:00
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In the case of Homer v Chief Constable of West Yorkshire Police both the EAT and the Court of Appeal rejected the claim of indirect age discrimination. Mr Homer held a role working for the Police National Legal Database. A new grading structure was introduced, which required employees to hold a law degree to reach the highest grade. In order to get a law degree, Mr Homer would have needed to s
Blog Article | Last updated: 26/04/2012 12:51:00
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We all know that where TUPE applies, employment contracts automatically transfer from one employer to another, subject to the employee's right to object. However, where TUPE is not relevant, old common law principles apply: the employment of an employee cannot be transferred from one employer to another without the employee's consent. This principle was confirmed in the EAT case of Gabriel v P
Blog Article | Last updated: 24/04/2012 14:37:00
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ACAS, in collaboration with the NHS' Mindful Employer initiative, has published a training package and guidance for employers aimed at promoting postive mental health in the workplace.
Promoting positive mental health at work has been designed to work with employers to:
Challenge stigmas
Concentrate on feesible steps an employer can make to help
Listen with empathy and cultivate solutions
Blog Article | Last updated: 20/04/2012 11:34:00
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