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- Date:
- 30 March 2010
- Type:
- Employment law cases
In Wolf v Stadt Frankfurt Am Main [2010] IRLR 244 ECJ, the ECJ held that the German Government's restriction on recruitment as a firefighter to those aged 30 or under does not give rise to age discrimination because it constitutes a proportionate "genuine and determining occupational requirement" in pursuit of a legitimate aim, within the meaning of art.4(1) of the Equal Treatment Framework Directive.
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- Date:
- 10 February 2010
- Type:
- Employment law cases
In Pulham and others v London Borough of Barking and Dagenham EAT/0516/08, the EAT held that it is open to an employer to seek to justify the adoption of discriminatory pay protection arrangements following the abolition of a discriminatory incremental pay scheme. However, in this case, the tribunal's decision to the effect that the employer was justified on the facts could not be upheld, because its approach to the assessment of justification was legally flawed.
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- Date:
- 9 December 2009
- Type:
- Employment law cases
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.
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- Date:
- 23 November 2009
- Type:
- Employment law cases
In Mayor and Burgesses of the London Borough of Tower Hamlets v Wooster EAT/0441/08, the EAT upheld a finding that the redundancy dismissal of a 49-year-old employee amounted to age discrimination. The tribunal was entitled to find that the employer could have found alternative work for him, but that it had failed to do so because it was concerned that, if he remained employed up to the age of 50, he would be entitled to a more generous early retirement package.
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- Date:
- 7 August 2009
- Type:
- Employment law cases
In Rolls-Royce plc v Unite [2009] EWCA Civ 387 CA, the Court of Appeal held that a redundancy selection matrix set out in a 2003 collective agreement was not automatically rendered unlawful following the implementation of the age discrimination legislation in 2006.
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- Date:
- 5 March 2009
- Type:
- Employment law cases
The European Court of Justice has held that the UK legislation permitting employers to dismiss employees aged 65 or over if the reason for dismissal is retirement can, in principle, be justified under the Framework Directive.
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- Date:
- 12 January 2009
- Type:
- Employment law cases
In Live Nation Venues (UK) Ltd v Hussain and other appeals EAT/0234/08, EAT/0235/08 & EAT/0236/08, the EAT held that the fact that the employer's decision to dismiss was influenced by the employee's perceived difficulty in being managed by two younger female colleagues did not give rise to an inference that the dismissal was on grounds of the employee's age.
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- Date:
- 22 November 2008
- Type:
- Employment law cases
In Rolls-Royce v Unite [2008] EWHC 2420 HC, the High Court held that two collective agreements that set out an approach to redundancy giving points for length of service in the selection process were lawful under the age discrimination legislation.
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- Date:
- 29 September 2008
- Type:
- Employment law cases
In Loxley v BAE Systems Land Systems (Munitions & Ordnance) Ltd EAT/0156/08, the EAT held that an employment tribunal must have regard to the disadvantage sustained by an employee in order to determine whether or not the employer's treatment of the employee was a proportionate response to a legitimate aim.
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- Date:
- 15 September 2008
- Type:
- Employment law cases
In Allen and others v GMB [2008] IRLR 690, the Court of Appeal held that a trade union indirectly discriminated against a group of its members where its aim was to secure pay protection and future pay for employees, but its means of achieving this aim - persuading women with historic equal pay claims to settle them disadvantageously - were disproportionate.