Share     Fri 18 May 2012

Discrimination

Landmark ruling due

A landmark age discrimination case is due to be decided which may have an impact on compulsory retirements.   In Seldon v Clarkson Wright and Jakes [2010] IRLR 865, Seldon was a Partner in the respondent firm of solicitors. He was compulsorily retired following his 65th birthday, as laid...

Employment Case Law: Sex discrimination

The latest decisions from employment tribunals on the cases that matter to you
 

Sex discrimination Hawkins v Atex Group Ltd and others [2012] All ER (D) 71 (Apr)   In 2004, the employee’s husband became CEO of Atex. From September 2006, the employee provided HR and marketing services to Atex through a company jointly owned by herself and her husband. In...

No conclusion for age discrimination case

  A long-awaited age discrimination ruling has provided more clarification for employers but not a conclusive answer.   In the case of Seldon v Clarkson Wright and Jakes [2012] UKSC 16, the Supreme Court has unanimously discharged the appeal and has remitted an outstanding issue...

Employment Case Law: Religious discrimination

Religious discrimination Saini and others v Bungay and another [2012] All ER (D) 40 (Mar)   The claimants worked for the third defendant not-for-profit advice centre. The second claimant was summarily dismissed in July 2007, purportedly on grounds of gross misconduct. The first...

Voluntary redundancy schemes can discriminate

An age discrimination case over voluntary redundancy has found that selection criteria based on a budget were legitimate.   The Employment Appeal Tribunal (EAT) heard the case of HM Land Registry v Benson. The employer needed to cut costs and reduce headcount. As such it established a...

Employment Case Law: Racial discrimination

The latest decisions from employment tribunals on the cases that matter to you

Racial discrimination Bahous v Pizza Express Restaurant Ltd [2012] All ER (D) 191 (Jan)   The employee worked as a waiter. He was a British citizen of Moroccan origin. In July 2009, the employer asked the employee to produce his passport under threat of suspension. The employee had...

Landmark case may impact age discrimination

A landmark Supreme Court age discrimination case has the potential to dramatically change how employers deal with retiring employees.   Seldon v Clarkson Wright and Jakes Ltd considers whether it is fair to force  an individual to leave the workplace at a certain age.   The...

TUC brands tribunal fees “chequebook justice”

  Charging for bringing an employment tribunal case has been branded “chequebook justice” by the Trades Union Congress (TUC).   The union has hit out at Government plans to introduce fees arguing that it will have a huge impact on ensuring equality at work. It also...

Employment Case Law: Race discrimination

The latest decisions from employment tribunals on the cases that matter to you

Race discrimination Adegbuji v Meteor Parking Ltd [2011] All ER (D) 39 (Dec) The employee had sought to bring claims, inter alia, of race discrimination before the employment tribunal (the tribunal). The employer had taken the point that no grievance had been lodged by the employee and...

Mediation is the crux of the employment law reform

  Mediation is to become central to the Government’s employment tribunal system reforms, revealed Vince Cable. The Business Secretary has set out various changes to the current process in order to curb the number of claims that reach the tribunal stage. In future all claimants...

Stress mounts in the City

Disability discrimination and personal injury claims are on the rise from stressed City workers, according to GQ Employment Law.   These types of claims are uncapped and can lead to awards running into millions of pounds.   A recent case involved a secretary from an investment...

Employment Case Law: Victimisation

The latest decisions from employment tribunals on the cases that matter to you

Victimisation Mulvie v St John Ambulance [2011] All ER (D) 18 (Oct) The employee was Director of Fundraising from 1 July 1999 until he resigned from his employment on 12 February 2010 with immediate effect. That resignation had followed his receipt of a letter from the employer dated 12...

Experts sceptical over protected conversations

  The introduction of protected conversations could have the reverse effect of reducing employment law red tape, according to Helga Breen, Partner at Lawrence Graham.   Following the announcement of a range of suggested reforms for employment law, concerns have been raised over...

Protected conversations may be introduced

  The Government is to consult over the introduction of protected conversations, which will allow employers and employees to have open discussions about retirement.   David Cameron told the Financial Times that the Government wants to help companies deal with staff who are...

Cost is a legitimate excuse, says EAT

Clarification over how far cost can contribute to a legitimate reason not to make reasonable adjustments with regards to disability has been given. In an Employment Appeal Tribunal (EAT) case between Cordell and her employer, the Foreign and Commonwealth Office (FCO), it was decided that the...
 

 

 

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