Case report round-up: Age-related notice periods are discriminatory

XpertHR's latest case reports cover:

Age discrimination: Age-related notice periods are discriminatory In Kücükdeveci v Swedex GmbH & Co KG [2010] IRLR 346 ECJ, the ECJ held that German law that excludes employment below the age of 25 when calculating minimum statutory notice periods based on length of service amounts to unjustified age discrimination contrary to the Equal Treatment Framework Directive. (Employment Review)
Unfair dismissal: Dismissal for gross misconduct fell outside range of reasonable responses In Sarkar v West London Mental Health NHS Trust [2010] EWCA Civ 289 CA, the Court of Appeal held that an employment tribunal was entitled to find that the employer had acted outside the range of reasonable responses when it summarily dismissed an employee for gross misconduct after initial agreement that the allegations against him would be dealt with under an informal procedure that was appropriate for relatively minor misconduct and could not lead to dismissal. (Employment Review)
Injunction granted against disciplinary hearing In Mezey v South West London and St George's Mental Health NHS Trust [2010] EWCA Civ 293 CA, the Court of Appeal upheld the High Court's decision to grant an injunction that prevented the Trust from taking disciplinary action against a consultant forensic psychiatrist. (Personnel Today)

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