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- Date:
- 25 July 2011
- Type:
- Employment law cases
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.
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- Type:
- How to
Practical guidance on working without a compulsory retirement age, including the law on age discrimination and mandatory retirement; retaining a justified retirement age; age-related benefits; pre-retirement advice and discussions; and succession planning.
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- Date:
- 20 July 2011
- Type:
- Employment law cases
The Supreme Court has held that teachers employed by the Government to work in European Schools, which it described as "international enclaves", are entitled to bring unfair dismissal claims in the UK.
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- Type:
- Employment law cases
In this case, the tribunal held that a police force was entitled to dismiss a long-serving employee who admitted that she had committed a single act of dishonesty outside work.
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- Type:
- Employment law cases
The employer in this case unfairly dismissed an employee whom it strongly suspected of moonlighting, but where it did not have definitive proof. Although the dismissal was procedurally unfair, the claimant's compensation was reduced to zero because the employer's suspicions were later verified.
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- Date:
- 11 July 2011
- Type:
- Employment law cases
The Employment Appeal Tribunal has held that, when considering whether or not a dismissal for refusing to take a pay cut was fair for "some other substantial reason", the employment tribunal should look at the reasonableness of the employer's decision to dismiss, not whether or not the employee was reasonable in refusing the reduction in wages.
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- Date:
- 11 July 2011
- Type:
- Employment law cases
In Bowater v Northwest London Hospitals NHS Trust [2011] IRLR 331 CA, the Court of Appeal held that an employment tribunal was entitled to find that the dismissal of a nurse for making a lewd comment in the course of restraining an epileptic patient was outside the range of reasonable responses. It was intended as a humorous remark, and there was no evidence that the patient or any member of the public heard it.
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- Date:
- 7 July 2011
- Type:
- Employment law cases
The Employment Appeal Tribunal has held that the tribunal was correct to find that a termination payment labelled as "ex gratia" was not pay in lieu of notice.
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- Type:
- Employment law cases
Claire Benson is managing associate and Helen Corbett, Sinead Jones, Helen Ward and Tori O'Neil are associates at Addleshaw Goddard LLP. They round up the latest rulings.
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- Date:
- 28 June 2011
- Type:
- Employment law cases
The Employment Appeal Tribunal has held that an employee who was dismissed for refusing to work because of health and safety concerns, even though his employer genuinely believed that there was no danger, could be automatically unfairly dismissed.