Latest case reports added to HR & Compliance Centre
We provide a round-up of case reports added to XpertHR this week, covering: equal pay; religious discrimination; age discrimination; and discretionary bonuses.
- Equal pay: A minimum statement of grievance satisfies the statutory requirements In Arnold & others v Sandwell Metropolitan Borough Council and other joined appeals EAT/0332/08, EAT/0365/08 and EAT/0366/08, in a departure from the Highland Council decision, the EAT held that, to confer jurisdiction on the employment tribunal in an equal pay case, it is sufficient for a grievance to state that an equal pay claim is being raised and for any subsequent tribunal claim to relate to equal pay. (Employment Review)
- Religious discrimination: A Christian registrar disciplined for refusing to undertake civil partnership duties was not subjected to religious discrimination In London Borough of Islington v Ladele EAT/0453/08, the EAT overturned the employment tribunal decision that a Christian registrar who was disciplined for refusing to undertake civil partnership duties was subjected to religious discrimination. (Employment Review)
- Age discrimination: Standard of justification in cases of direct discrimination is in principle the same as that in cases of indirect discrimination In Seldon v Clarkson Wright & Jakes EAT/0063/08, the EAT ruled that the standard of justification in cases of direct age discrimination is, in principle, the same as that in cases of indirect age discrimination. However, it concluded that, although a firm of solicitors was entitled to adopt a compulsory retirement age for its partners, fixing this at 65 on the basis that performance would tend to tail off after this age relied on a stereotypical assumption not supported by any evidence. (Employment Review)
- Discretionary bonuses should be paid In Small and others v Boots Co plc and another [2009] All ER (D) 200 (Jan) EAT, the EAT held that labelling a bonus scheme "discretionary" does not mean that it has no contractual effect. (Personnel Today)
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