Case report round-up: Supreme Court guidance on justifying mandatory retirement age
The HR & Compliance Centre's latest case reports cover:
- Age discrimination: Supreme Court issues guidance on approach towards justification of mandatory retirement age In Seldon v Clarkson Wright & Jakes [2012] IRLR 590 SC, the Supreme Court held that direct age discrimination must be justified by aims that are consistent with the public interest factors referred to in art.6(1) of the Equal Treatment Framework Directive. (Employment Review)
- Age discrimination: Degree requirement for promotion was indirectly discriminatory against those close to retirement In Homer v Chief Constable of West Yorkshire Police [2012] IRLR 601 SC, the Supreme Court held that an employer's policy that its highest grade was open only to employees holding a law degree indirectly discriminated on the grounds of age against those close to retirement. (Employment Review)
- Race discrimination: Unsuccessful job applicants have no right to disclosure of information under EU Directives In Meister v Speech Design Carrier Systems GmbH Case C-415/10 ECJ, the ECJ held that EU law does not provide unsuccessful job applicants who believe they have been discriminated against with a right to disclosure of information. However, a refusal to answer a request for information, along with a failure to challenge that the applicant's expertise meets the advertised requirements and a refusal to invite the applicant to interview, are factors that a domestic court can take into account in deciding whether or not to infer discrimination. (Employment Review)
Also
Week beginning 1 October
2012
Week beginning 24 September 2012
Week beginning 10 September
2012
Week beginning 3 September
2012
Week beginning 20 August
2012
Week beginning 13 August
2012
