This is the case about whether using length of service as a criterion for redundancy selection consititutes unlawful indirect age discrimination against younger workers.  Facts Rolls Royce sought a declaration from the High Court that continuing to apply a collective agreement which included service in the redundancy selection matrix would be unlawfully discriminatory. The High Court…

This case was originally heard by an employment tribunal and its decision delivered in December 2007. An appeal against the tribunal’s decision was heard by the Employment Appeal Tribunal in July 2008. The EAT decision is available here. Facts and background ICI’s redundancy pay was calculated by subjecting ‘qualifying pay’ to two multiples: the first…

Mr Engel held the office of Parking Adjudicator with the Transport and Environment Committee of London Councils (“TECLC”). The role of a Parking Adjudicator is judicial in nature and involves ruling on parking violations. Terms of office are 5 years. Mr Engel was appointed in 2002 and his appointment was renewed again in 2007. However,…

In relation to non-retirement dismissals, the decision in Hussain v Live Nation (Venues) Ltd illustrates the danger for an employer in seeking to play the ‘age card’.  Facts Mr Hussain was dismissed, aged 52, after many years’ service as front of house manager at the Hippodrome Theatre in Bristol for alleged gross misconduct in relation…

Mr Clements worked for Lloyd Bank. On 5 January 2012, Mr Shawcross raised concerns about Mr Clements’s performance. Mr Shawcross said to Mr Clements “you’re not 25 anymore”. Believing Mr Shawcross’s comments and performance review to be age discrimination, Mr Clements brought a grievance against Lloyd Bank. This was unsuccessful. Mr Clements resigned on 12…

This case concerned Bulgarian mandatory retirement legislation. The Bulgarian Labour Code permits universities to retire lecturers and professors when they reach the age of 65. Employment can be extended beyond 65, but only by means of a series of fixed term contracts and only until the age of 68. Facts Mr Georgiev brought claims in…

An employee of a UK subsidiary may only claim age discrimination under a share plan operated by an overseas parent if the overseas parent has aided and abetted an act of unlawful age discrimination by the UK subsidiary. Facts Dr Hung was a former employee of Kellogg Brown & Root (UK) Limited (“KBR”), the UK…

DESPITE being members of the ”lucky” generation, a significant proportion of baby boomers are involuntary early retirees, a survey shows. One in five members of the baby boom generation – aged 45 to 64 in 2008 – who are not working have been forced out, or are held back by disabilities or carer duties. But…

Viewing entries in Mlive.com The United States Commission on Civil Rights will hold a public briefing on Friday 11 June 2010 in Washington D.C. with a panel  of experts to examine the recession, unemployment and the effects on older workers. 

This case deals with the extent to which the mental processes of those who are not the decision maker should be considered. The facts are available in our summary of the EAT case here. The EAT ruled that it was relevant that the views of other employees had informed the decision to terminate a consultancy…