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Rolls Royce Plc v Unite the Union: QBD 17 Oct 2008

The company had entered into collective agreements with the union governing criteria and procedures for redundancy selection. The company said that the criteria were not compliant with the age discrimination regulations. Held: The union was correct and the agreement was compliant. Judges: Morison J Citations: [2008] EWHC 2420 (QB) Links: Bailii Statutes: Employment Equality (Age) … Continue reading Rolls Royce Plc v Unite the Union: QBD 17 Oct 2008

Ministero Dell’Interno (Limite D’Age Pour Le Recrutement Des Commissaires De Police) (Social Policy – Prohibition of Discrimination On Grounds of Age – Judgment): ECJ 17 Nov 2022

Reference for a preliminary ruling – Social policy – Equal treatment in employment and occupation – Article 21 of the Charter of Fundamental Rights of the European Union – Directive 2000/78/EC – Article 2(2), Article 4(1) and Article 6(1) – Prohibition of discrimination on grounds of age – National legislation fixing a maximum age limit … Continue reading Ministero Dell’Interno (Limite D’Age Pour Le Recrutement Des Commissaires De Police) (Social Policy – Prohibition of Discrimination On Grounds of Age – Judgment): ECJ 17 Nov 2022

SCRL (Vetement A Connotation Religieuse): ECJ 13 Oct 2022

‘Religion or belief’ – one discrimination ground Reference for a preliminary ruling – Social policy – Directive 2000/78/EC – Establishment of a general framework for equal treatment in employment and occupation – Prohibition of discrimination on the ground of religion or belief – Internal rule of a private undertaking prohibiting any manifestation, in the workplace, … Continue reading SCRL (Vetement A Connotation Religieuse): ECJ 13 Oct 2022

Felix Palacios de la Villa v Cortefiel Servicios SA: ECJ 16 Oct 2007

ECJ (Grand Chamber) Spain had legislated for compulsory retirement when it wanted to encourage recruitment; then abolished it when economic circumstances improved and it wanted to encourage people to stay in work; and then reintroduced it by allowing collective agreements to prescribe retirement ages, provided that the worker had qualified for a retirement pension. Held: … Continue reading Felix Palacios de la Villa v Cortefiel Servicios SA: ECJ 16 Oct 2007

Hennigs v Eisenbahn-Bundesamt: ECJ 8 Sep 2011

ECJ Directive 2000/78/EC – Articles 2(2) and 6(1) – Charter of Fundamental Rights of the European Union – Articles 21 and 28 – Collective agreement on pay for public sector contractual employees of a Member State – Pay determined by reference to age – Collective agreement abolishing the determination of pay by reference to age … Continue reading Hennigs v Eisenbahn-Bundesamt: ECJ 8 Sep 2011

The United States of America v Nolan: SC 21 Oct 2015

Mrs Nolan had been employed at a US airbase. When it closed, and she was made redundant, she complained that the appellant had not consulted properly on the redundancies. The US denied that it had responsibility to consult, and now appealed. Held: The appeal failed (Lord Carnworth dissenting). That the exact situation might not have … Continue reading The United States of America v Nolan: SC 21 Oct 2015

Abercrombie and Fitch Italia: ECJ 19 Jul 2017

ECJ (Social Policy – Equal Treatment In Employment and Occupation – Agea : Judgment) Reference for a preliminary ruling – Social policy – Directive 2000/78/EC – Equal treatment in employment and occupation – Article 2(1) – Article 2(2)(a) – Article 6(1) – Age discrimination – On-call employment contract which may be concluded with persons under … Continue reading Abercrombie and Fitch Italia: ECJ 19 Jul 2017

O v Bio Philippe Auguste SARL: ECJ 1 Oct 2015

ECJ Judgment – Reference for a preliminary ruling – Social policy – Principles of equal treatment and non-discrimination on grounds of age – Directive 2000/78/EC – Equal treatment in employment and occupation – Article 2(1) and 2(2)(a) – Difference in treatment on grounds of age – Whether situations comparable – Grant of a payment, on … Continue reading O v Bio Philippe Auguste SARL: ECJ 1 Oct 2015

Homer v Chief Constable of West Yorkshire Police: SC 25 Apr 2012

The appellant had failed in his claim for indirect age discrimination. Approaching retirement, he complained that new conditions allowing advancement to graduates only, discriminated against him since he could not complete a degree before retiring. Held: The appeal succeeded, but the case was remitted to investigate whether the discrimination could be properly justified: ‘Part of … Continue reading Homer v Chief Constable of West Yorkshire Police: SC 25 Apr 2012

McDonald v National Grid Electricity Transmission Plc: SC 22 Oct 2014

Contact visiting plants supported asbestos claim The deceased had worked as a lorry driver regularly collecting pulverized fuel ash from a power station. On his visits he was at areas with asbestos dust. He came to die from mesothelioma. His widow now pursued his claim that the respondent had failed to comply with the 1931 … Continue reading McDonald v National Grid Electricity Transmission Plc: SC 22 Oct 2014

Seldon v Clarkson Wright and Jakes: SC 25 Apr 2012

The appellant claimed that the requirement imposed on him to retire from his law firm partnership on attaining 65 was an unlawful discrimination on the grounds of age. Held: The matter was remitted to the Employment tribunal to see whether the fixing of the mandatory retirment age at 65 was a proportionate means of achieving … Continue reading Seldon v Clarkson Wright and Jakes: SC 25 Apr 2012