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.
An increasing number of tribunal cases involve employees making work-related comments on Facebook. This case shows that derogatory comments will by no means always justify dismissal.
This article summarises the main issues and outcomes in five employment tribunal cases where the key issue was whether the employee resigned or was dismissed.
The Employment Appeal Tribunal has upheld the employment tribunal decision that a former NHS trust chief executive was automatically unfairly dismissed for making a protected disclosure.
The employer in this case had a laudable zero-tolerance policy on racism, but failed to take a common-sense view of the background to an accusation that a manager had made a racist comment.