Age Discrimination
According to this BBC article it has been confirmed that the default retirement age is to be scrapped. This will please the Heyday, who challenged the default retirement age at the ECJ and lost. For employers, this will mean that dismissing an employee because they have reaced 65 will be unfair (unless a set retirement […]
In the EAT case of Kraft Foods UK Ltd v Hastie it has been determined that applying a cap in a contractual redundancy scheme preventing employees recovering more as a redundancy payment than they would have earnt if they remained in employment until retirement age is not unlawful indirect age discrimination. The EAT found that […]
The third reading of the Equality Bill took place in the House of Lords yesterday. The Bill has now been passed and returned to the Commons with amendments. The Government are hoping for Royal Assent before the General Election. Of particular note is the debate as to what could potentially amount to a philosophical belief in […]
Anglia TV earlier this year underwent a major restructure merging its east and west programmes and reducing headcount by around 30. Dianne Stradling and Rebecca Atherstone, who were both TV reporters for Anglia TV, were made redundant. They have presented a claim to the Tribunal alleging that the reason for their selection was because both were over the […]
We reported the Rolls Royce case which considered whether using the length of service as a criterion for selection for redundancy amounted to age discrimination. The case has now been considered by the Court of Appeal which upheld the decision that using the length of service as a criterion for redundancy selection did not amount […]
We have had a number of enquiries recently about the retirement procedures under Schedule 6 of the Employment Equality (Age) Regulations 2006. As the notification timescales are important I thought it would be worth a blog as a reminder. An employer’s failure to comply could result in claims for unfair dismissal and age discrimination from an employee which can […]
