Failure to enforce law means older workers face discrimination – report – The Guardian

Posted July 17th, 2018 in age discrimination, elderly, employment, enforcement, news, reports by tracey

‘Government ministers and Britain’s equalities watchdog are failing to save more than a million older workers from discrimination, bias and outdated employment practices, according to a group of MPs. In a highly critical report for the government, the women and equalities committee said the talents of older workers were going to waste because too little was being done to enforce discrimination law.’

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The Guardian, 17th July 2018

Source: www.theguardian.com

Compensation for injury to feelings is not taxable, says Court of Appeal – OUT-LAW.com

Posted May 9th, 2018 in age discrimination, compensation, dismissal, news, taxation by tracey

‘A termination payment made to an employee for “injury to feelings” following age discrimination related to his dismissal is not taxable, the Court of Appeal has said in a ruling which overturns a decision by the Upper Tribunal.’

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OUT-LAW.com, 4th May 2018

Source: www.out-law.com

Paralegal subjected to f-word tirades by senior partner wins harassment claims – Legal Futures

‘A paralegal who was subjected to a “long accumulation of abuse” by the senior partner of a London law firm was the victim of harassment on the grounds of age and sex, an employment tribunal has found.’

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Legal Futures, 1st March 2018

Source: www.legalfutures.co.uk

Leading employment law provider unfairly dismissed senior employee, tribunal finds – Legal Futures

‘The leading unregulated provider of employment law services unfairly dismissed a senior employee, an employment tribunal has found.’

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Legal Futures, 3rd January 2018

Source: www.legalfutures.co.uk

Essop & Naeem in the Supreme Court: giving answers and provoking new questions in indirect discrimination – Cloisters

‘This summer’s Supreme Court decision in Essop reinstated the established postition in indirect discrimination cases – that there is no requirement for a claimant to establish the reason for disadvantage arising from the provision, criterion or practice in question.’

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Cloisters, 6th December 2017

Source: www.cloisters.com

Discrimination Update – 11KBW

‘Almost everyone has an immediate intuitive understanding of direct discrimination. That is not to say that there are no difficult cases, but the core concept is easily grasped. Imagine an employer with an express policy of refusing to employ women. In a case of that sort the discrimination is obvious. To use the language of Equality Act 2010, s. 13, the employer treats women less favourably because of their sex. The reason for the simplicity of direct discrimination is that it usually needs no context for the discriminatory impact of the criterion to be apparent. The criterion is inherently discriminatory.’

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11KBW, 10th August 2017

Source: www.11kbw.com

Lady Hale on indirect discrimination: Essop and Naeem – Law & Religion UK

‘In Essop & Ors v Home Office (UK Border Agency) [2017] UKSC 27, there were two conjoined cases: Essop and Naeem v Secretary of State for Justice. The Supreme Court gave a unanimous judgment on both.’

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Law & Religion UK, 7th April 2017

Source: www.lawandreligionuk.com

No “reason why”: Essop and Naeem in the Supreme Court – Cloisters

‘Robin Allen QC and Anna Beale consider the latest case on indirect discrimination and ask the pressing question: are equal pay cases suddenly significantly easier for Claimants?’

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Cloisters, 5th April 2017

Source: www.cloisters.com

The Supreme Court makes Indirect Discrimination simple again – 11 KBW

‘In the joined cases of Essop and Naeem ([2017] UKSC 27) the Supreme Court has taken on a daunting task: the simplification of indirect discrimination law. This is not a case note in the usual sense. We have not set out the facts, the law and then a statement of what is novel. At the hearing we tried to give the Supreme Court a new vocabulary to use as a tool for its analysis. The aim of this note is to explain that language as simply as we can. If we succeed, what we have to say will seem obvious. Those reading Lady Hale’s judgment (with which all of their Lordships agreed) will have had that experience. She has distilled, from an area of law that was submerging into great complexity, a handful of principles that dispel confusion and whch make intractable issues straightforward.’

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11 KBW, 5th April 2017

Source: www.11kbw.com

Immigration officers who claim promotion tests are discriminatory set to sue Home Office – Daily Telegraph

‘Black immigration officers struggled to pass promotion exams because the tests were racist, a court has heard. A group of 49 Home Office employees is now set to sue the Government over claims that the exams are discriminatory.’

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Daily Telegraph, 5th April 2017

Source: www.telegraph.co.uk

Fine for senior partner who “accidentally” discriminated against colleague on grounds of age and religion – Legal Futures

‘A senior partner who was found by an employment tribunal to have discriminated against, harassed and victimised a former equity partner at his firm, has been fined £2,000 by the Solicitors Disciplinary Tribunal (SDT), which found his culpability to be “low” as his behaviour had “just crossed the line into discrimination”.’

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Legal Futures, 3rd April 2017

Source: www.legalfutures.co.uk

Giving up on (indirect) Discrimination Law – OUP Blog

‘Some readers might be surprised if told that one of the most significant cases on discrimination law generally, and race discrimination in particular, is likely to be decided by the Supreme Court before long. The UKSC heard the appeal against the Court of Appeal’s ruling in Home Office v Essop (2015) in December 2016. It is still to deliver its judgment. Readers can look up doctrinal niceties in a note on this case [132 Law Quarterly Review (2016) 35]. In this post, I wish to discuss its broader policy implications.’

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OUP Blog, 3rd April 2017

Source: www.blog.oup.com

Allow judiciary to work until 75, says Britain’s most senior judge – The Guardian

Posted March 30th, 2017 in age discrimination, elderly, judges, judiciary, news, retirement, select committees by tracey

‘Judges should be allowed to sit beyond the age of 70 to ease the growing problem of judicial recruitment, the UK’s most senior judge, Lord Neuberger, has said.’

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The Guardian, 29th March 2017

Source: www.guardian.co.uk

Tarunabh Khaitan: Giving up on (Indirect) Discrimination Law – UK Constitutional Law Association

‘Some readers might be surprised if told that one of the most significant cases on discrimination law generally, and race discrimination in particular, is likely to be decided by the Supreme Court before long. The UKSC heard the appeal against the Court of Appeal’s ruling in Home Office v Essop (2015) in December 2016. It is still to deliver its judgment.’

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UK Constitutional Law Association, 13th March 2017

Source: www.ukconstitutionallaw.org

Judicial pension scheme changes discriminated against younger judges, tribunal rules – OUT-LAW.com

Posted January 20th, 2017 in age discrimination, judiciary, news, pensions by sally

‘Changes to the judicial pension scheme (JPS) in 2015 discriminated against younger judges, an employment tribunal in London has ruled.’

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OUT-LAW.com, 19th January 2017

Source: www.out-law.com

Judges win pensions discrimination claim against MoJ – The Guardian

‘More than 200 judges whose pension entitlements were cut significantly have won their claims for age, sex and race discrimination against the Ministry of Justice.’

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The Guardian, 16th January 2017

Source: www.guardian.co.uk

Younger judges take government to court over pension cuts – The Guardian

Posted November 16th, 2016 in age discrimination, employment tribunals, judges, judiciary, news, pensions by sally

‘The government has demonstrated a “signal breach of faith” in cutting the pensions of recently appointed judges, an employment tribunal has been told.’

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The Guardian, 15th November 2016

Source: www.guardian.co.uk

See you in court: judges prepare to sue lord chancellor – Law Society’s Gazette

‘The Ministry of Justice has refused to comment ahead of a potentially embarrassing case in which serving judges will sue the lord chancellor over their pension arrangements.’

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Law Society’s Gazette, 10th November 2016

Source: www.lawgazette.co.uk

Kratzer v RAV AG: Access to Employment versus access to compensation – Cloisters

Posted August 25th, 2016 in age discrimination, compensation, EC law, employment, news by sally

‘Those with long memories will recall a Mr John Berry (alias) who was said to have made ET litigation a veritable cottage industry. Mr Berry’s modus operandi was to locate advertisements (principally placed by recruitment agencies) for roles across the UK which contained terminology allegedly targeting younger people such as “school leavers” or “recent graduates.” Estimates suggest that Mr Berry presented over 60 such claims, several of which led to financial settlement. A number of these claims ultimately made their way to Underhill P in Berry v Recruitment Revolution and ors UKEAT/0419/10/LA etc. On that occasion the EAT determined that an individual who has not applied for a role advertised in discriminatory terms and was not deterred from so applying had no right to compensation.’

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Cloisters, 18th August 2016

Source: www.cloisters.com

Former partner loses age discrimination appeal over firm restructure – Legal Futures

Posted July 29th, 2016 in age discrimination, law firms, news, partnerships by tracey

‘The Employment Appeal Tribunal (EAT) has dismissed an appeal against a decision that a top-100 regional law firm was not guilty of age discrimination against one of its partners, after he was not offered a new partnership when it restructured.’

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Legal Futures, 29th July 2016

Source: www.legalfutures.co.uk