The claimant alleged indirect age discrimination, in not having received a promotion to a post of legal adviser to the defendant. He did not have a law degree and did not want to undertake the study required which would have him acquiring the degree only after retirement. The EAT had allowed the employer’s appeal finding … Continue reading Homer v Chief Constable of West Yorkshire Police: CA 27 Apr 2010
EAT UNFAIR DISMISSAL – Retirement The Tribunal addressed the fairness of a ‘retirement’ dismissal under ordinary unfair dismissal principles pursuant to section 98 Employment Rights Act 1996 (ERA) and failed to consider whether or not there was compliance with the continuing notification duty in paragraph 4 of Schedule 6 of the Employment Equality (Age) Regulations … Continue reading Evbenata v South West London and St George’s Mental Health NHS Trust (Unfair Dismissal: Retirement): EAT 28 Oct 2014
(Third Chamber) The trustees complained that the respondent had failed to implement the Directive, in that there remained, for example, rules allowing employers to have fixed retirement ages. Held: The complaint failed. The Directive allowed states to provide for certain differences in treatment provided that it could be shown to have an objective and reasonable … Continue reading Incorporated Trustees of The National Council For Ageing v Secretary of State for Business, Enterprise and Regulatory Reform: ECJ 5 Mar 2009