The Employment Appeal Tribunal has held that the use of the word "younger" in the person specification for the job vacancy that had been created after the claimant had been dismissed was sufficient to raise the suspicion of age discrimination and shift the burden of proof to the employer.
In Keane v Investigo and others EAT/0389/09, the EAT held that an experienced accountant who applied for jobs aimed at recently qualified accountants that she did not genuinely want was unable to complain of having suffered any disadvantage when she was not put forward for them.
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.
In Cheltenham Borough Council v Laird [2009] IRLR 621 HC, the High Court dismissed claims that a former employee had fraudulently or negligently failed to disclose information about her health in a pre-employment questionnaire. She had answered the questions accurately and truthfully, and as a reasonable lay person with her medical history would have answered them.
Practical guidance on employing agency temps as permanent members of staff, including the Conduct of Employment Agencies and Employment Businesses Regulations 2003; transfer fees; and extended hire periods.