Latest case reports added to HR & Compliance Centre

We provide a round-up of case reports added to XpertHR this week, covering unfair dismissal compensation; compulsory retirement; and age discrimination. 

  • Unfair dismissal: Norton Tool principle does not apply to unfair constructive dismissal In Stuart Peters Ltd v Bell [2009] IRLR 941 CA, the Court of Appeal held that, in a case of constructive unfair dismissal, the Norton Tool principle - that compensation for unfair dismissal without notice must include a sum representing the employee's full pay during his or her notice period - does not apply, and the employee must give credit for any earnings during this period. (Employment Review)
  • Age discrimination: Compulsory retirement at age 65 remains lawful - for the time being In R (on the application of Age UK) v Secretary of State for Business, Innovation and Skills [2009] EWHC 2336 HC, the High Court confirmed that the compulsory retirement of employees at or above the age of 65 by reference to the prescribed procedure in the age discrimination Regulations is lawful. However, the Court could not "see how 65 could remain" as the default retirement age, following the Government's review in 2010. (Employment Review)
  • Evidence showed employer did not practice age discrimination In ABN Amro Management Services & RBS v Hogben EAT/0266/09, the Employment Appeal Tribunal held that the employment tribunal had been right to strike out the employee's claim that receiving an enhanced termination payment in return for waiving the right to bring an age discrimination claim amounted to indirect age discrimination. (Personnel Today)

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