Case report round-up: EAT provides guidance on striking-out of discrimination claims

The XpertHR's latest case reports cover:

EAT provides guidance on striking-out of discrimination claims In Timbo v Greenwich Council for Rights and Equality EAT/0160/12, the EAT, in overturning a tribunal order to strike out the claimant's discrimination claims, said that it is important that tribunals do not strike out discrimination cases as an abuse of process except in the most obvious cases. (Personnel Today)
Redundancy: Dismissal was by reason of redundancy where headcount was not reduced In Packman t/a Packman Lucas Associates v Fauchon [2012] IRLR 721 EAT, the EAT held that a dismissal will be by reason of redundancy where it is caused by an employer’s need for employees to do less work of a particular kind, even if there is no change in the number of employees required. (Employment Review)
Age discrimination: Swedish default retirement age is justified and therefore lawful In Hörnfeldt v Posten Meddelande AB [2012] IRLR 785 ECJ, the ECJ held that a provision of Swedish law that stipulates that employers may lawfully terminate the contracts of employees who reach the age of 67 does not breach European age discrimination law. (Employment Review)

Also

Was this article helpful?