Equality, diversity and human rights
In this case, the industrial tribunal in Northern Ireland described a small employer's decision to dismiss a young worker to avoid having to increase her pay from £4.00 to the national minimum wage rate of £4.92, when she reached the age of 18, as "callous".
The European Court of Justice has held that a rule in a collective agreement applicable to the crew of the German airline Deutsche Lufthansa prohibiting pilots from flying after the age of 60 is discriminatory on the ground of age.
In this decision, the employment tribunal was critical of a local authority that failed to keep an employee at risk of redundancy in employment for six more months during a transitional period. The decision had been taken to avoid a pension payout and constituted direct age discrimination and unfair dismissal.
This unusual age discrimination claim was brought by a contract worker with poor people skills who believed that his contract was terminated because of his youth.
The Employment Appeal Tribunal has confirmed that a proposed adjustment will constitute a "reasonable adjustment" within the meaning of the Disability Discrimination Act 1995 only where it prevents the provision, criterion or practice that places the disabled person at a substantial disadvantage.
Claire Benson is managing associate and Caroline Jacobs and Chris McAvoy are associates at Addleshaw Goddard LLP. They round up the latest rulings.
This is a classic example of an ill-advised workplace nickname resulting in a successful discrimination claim.
In this case, a female employee was harassed on the ground of her age by her younger manager.
This case is an example of a common scenario for employers that operate in male-dominated environments: a challenge to the authority of a female manager by a group of male employees who are not used to being managed by a woman.
The European Court of Justice has held that German legislation that requires civil servants to retire at 65 can be justified if "appropriate and necessary" means are used to achieve the aim of balancing the employment levels of young and older civil servants to encourage the recruitment and promotion of young people. It also stressed that budgetary considerations cannot by themselves constitute a legitimate aim in relation to a member state's social policy.
Employment law cases: HR and legal information and guidance relating to equality, diversity and human rights.