Case report round-up: Employer's use of the word "younger" in person specification was sufficient to shift discrimination burden of proof
XpertHR's latest case reports cover:
- Unfair dismissal compensation: Employer's ability to pay is irrelevant In Tao Herbs & Acupuncture Ltd v Jin EAT/1477/09, the EAT held that the employer's ability to pay is not a relevant consideration for a tribunal when calculating compensation for unfair dismissal. (Employment Review)
- Age discrimination: Person specification seeking "younger" candidate sufficient to shift burden of proof to employer In Canadian Imperial Bank of Commerce v Beck EAT/0141/10, the EAT held that the employment tribunal was entitled to find that, notwithstanding the inherently unlikely nature of an age discrimination claim on the facts, the employer's deliberate use of the word "younger" in a person specification, contrary to expert advice, was sufficient to shift the burden of proof to the employer. (Employment Review)
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