Our research casts further doubt on the Coalition’s “workplace equality” credentials and reveals the age discrimination behind their key employment law proposal. The current legal position is that employees with more than one year’s continuous service have the right not to be unfairly dismissed (section 94-95 Employment Rights Act 1996). On 10 November 2010, Lord…

Viewing entries in Court of Appeal Two cases have been judged in tandem by the Court of Appeal due to the similarity in issues regarding age discrimination and new pension schemes. Comment In this case, the Court of Appeal ruled that a good leaver provision in an LTIP could be objectively justified on the basis…

Viewing entries tagged Justification It was indirect age discrimination to effectively ban part-time work, according to an Employment Tribunal. Comment An Employment Tribunal has found that the University of Oxford’s policy of mandatory retirement at 68 years old could not be justified. Comment A claim for direct age discrimination in relation to a ‘pension age…

In a recent article, the Daily Mail made a series of statistical claims relating to earnings of the over 60s. Do their claims stack up? The article makes a series of claims based on Prudential research and which cover the time period 2011-2013. The claims are that: Annual income for over 60s in work rose…

Viewing entries tagged Redundancy An Employment Tribunal found no evidence of direct age discrimination, indirect age discrimination, or harassment. Comment Previous “sham” redundancy involving an older employee was not evidence of age discrimination. Comment An Employment Tribunal has said that “last in first out” is not an irrational method of redundancy selection. Comment The dismissal…

The EAT held that it was not direct age discrimination for PHI payments to be stopped when an employee turned 65, despite the state pension age being 66. Comment A 14-year-old schoolgirl who was sacked for being “too young” has won an age discrimination claim. Comment Stopping PHI payments when an employee reached 65 years…

In 2014, our analysis showed that the removal of the DRA may have doubled the growth in the numbers of over 65s in employment. Is this still the case? Our previous analysis Our analysis from 2014 is available here. In it we show that before the abolition of the Default Retirement Age which allowed employers…

This summary of age discrimination law in Poland has been prepared by Raczkowski Paruch, the Ius Laboris member for Poland: www.raczkowski.eu Overview Poland has a national employment law system. Local employment laws do not exist at the state level. In practice, the role of collective bargaining agreements is rather moderate, even though the intention of…

There was no age discrimination after the rejection of a 58 year old candidate who failed to thrive during an assessment day. Mr Li applied for a Security Controller role at Vision Security Group Ltd (“VSG”), part of the Mitie Group. At the time, he was 58. He had worked at JPMorgan for five years…

A comment that someone was ‘too old’ could be age-related harassment. Mr Bowskill was Managing Director of Select Support Partnerships Limited, a provider of care services. Mr Dalal was the ‘controlling mind’ of the organisation and he gave directions to Mr Bowskill. In September 2017 Mr Bowskill and Mr Dalal had a meeting. During this…