Historic discrimination and pension schemes – Pensions Barrister

Posted March 14th, 2024 in age discrimination, chambers articles, news, pensions by sally

‘Claire Darwin KC of Matrix Chambers has written an article about pensions and age discrimination law in light of the recent Newell decision.’

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Pensions Barrister, 14th March 2024

Source: www.pensionsbarrister.com

Self-employed consultant was employee of firm under Equality Act – Legal Futures

‘A self-employed consultant at a law firm fell within the definition of an employee for the purposes of claims under the Equality Act 2010, an employment tribunal has ruled.’

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Legal Futures, 13th February 2023

Source: www.legalfutures.co.uk

Executive wins age discrimination case after being called ‘old fossil’ unable to manage millennials – Daily Telegraph

Posted January 24th, 2023 in age discrimination, compensation, employment tribunals, news by sally

‘A senior executive at a FTSE 250 company who was previously told by his younger boss he was an “old fossil” who “did not know how to manage millennials” has won an age discrimination case.’

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Daily Telegraph, 24th January 2023

Source: www.telegraph.co.uk

Top Discrimination Decisions of 2022: five cases education lawyers should know – 3PB

‘Discrimination law is a complex and constantly evolving area of practice. Cases this year have provided clarification, enforcement and development of the legal principles underpinning claims under the Equality Act 2010 (“EqA”).’

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3PB, 13th December 2022

Source: www.3pb.co.uk

What the latest employment tribunal statistics reveal – Mills & Reeve

‘The Government published the latest quarterly and annual statistics last month. We explore what they reveal about the volume of claims and levels of compensation.’

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Mills & Reeve, 4th January 2023

Source: www.mills-reeve.com

Woman told not to let ‘hormones get out of control’ wins age discrimination case – Daily Telegraph

Posted August 16th, 2022 in age discrimination, employment tribunals, news, unfair dismissal by sally

‘A middle-aged woman regarded as “menopausal” by her younger male boss has won an age discrimination case after being told not to let her hormones get “out of control”, an employment tribunal has heard.’

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Daily Telegraph, 15th August 2022

Source: www.telegraph.co.uk

McCloud Remedy – a Ground to Set Aside Financial Orders? – Family Law

‘Many will recall the McCloud judgment, in which the Court of Appeal determined that the transitional provisions in the Government’s 2015 public sector pension schemes were age discriminatory. In response to the judgment, the Government agreed to unravel these changes. Last year, the Government announced its solution known as the McCloud Remedy. But what does this mean for pension trustees? Do these circumstances amount to grounds to set aside a financial remedy order?’

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Family Law, 11th August 2022

Source: www.familylaw.co.uk

Ageism and antisemitism in employment: Dooley – Law & Religion UK

‘A classic example of how not to treat staff (or simply how not to behave in any circumstances).’

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Law & Religion UK, 3rd August 2022

Source: lawandreligionuk.com

Wimbledon ban on Russian players raises equality law questions – OUT-LAW.com

‘The recent move to ban Russian and Belarussian players from participating in this year’s Wimbledon Championships brings into focus the role of the Equality Act 2010 (“the Act”) in sport.’

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OUT-LAW.com, 27th May 2022

Source: www.pinsentmasons.com

How Has the Pandemic Changed the City Workplace? Top 10 Legal Issues in the Post-Pandemic Workplace – Littleton Chambers

‘The last two years have accelerated a number of trends which had already started to gain traction. The most obvious one is the move to remote working.’

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Littleton Chambers, 17th May 2022

Source: littletonchambers.com

Government unlawfully denying care to vulnerable teenagers, say lawyers – The Independent

Posted February 8th, 2022 in age discrimination, care orders, government departments, news, young persons by sally

‘High Court to hear that ministers have irrationally discriminated against 16- and 17-year-olds in care by not including them in new legislation designed to protect looked-after children.’

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The Independent, 8th February 2022

Source: www.independent.co.uk

Court of Appeal rules equity partner’s demotion was not conduct extending over a period but a one-off act with continuing consequences – Farrar’s Building

‘Claimants wishing to bring a discrimination claim under the Equality Act 2010 must do so within 3 months of the discriminatory conduct. Claimants can bring their claim in respect of conduct extending beyond 3 months if the conduct was a sequence of events and the last chain in the event occurred within 3 months of the claim. But when is conduct extending over a period and when is the conduct simply a one-off act with continuing consequences? In Parr v MSR Partners LLP (Formerly Moore Stephens LLP) and Others [2022] EWCA Civ 24, the Court of Appeal held that an equity partner’s demotion to salaried partner was not a continuing act even if he suffered losses many years after the demotion. The demotion was the point at which limitation ran.’

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Farrar's Building, 19th January 2022

Source: www.farrarsbuilding.co.uk

High Court gives go-ahead for discrimination claim over legislation on regulated settings and children in care – Local Government Lawyer

‘A children’s rights charity has secured permission from the High Court for a judicial review of secondary legislation made by the Education Secretary, Gavin Williamson, which provides that children in care in England up to the age of 15 – but not 16 and 17-year-olds – must always live in regulated settings where they receive day-to-day care from adults.’

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Local Government Lawyer, 18th August 2021

Source: www.localgovernmentlawyer.co.uk

Calls for legal review of UK welfare screening system which factors in age – The Guardian

Posted July 19th, 2021 in age discrimination, equality, fraud, local government, news by michael

‘An automated system that screens welfare claimants for signs they might commit fraud or error has based its verdicts in part on applicants’ age, it has emerged, sparking calls for a review of whether the system is legal.’

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The Guardian, 18th July 2021

Source: www.theguardian.com

Judge criticises firm’s failures in defending solicitor’s dismissal claim – Legal Futures

‘A conveyancing solicitor has won her unfair dismissal and discrimination claim against a well-known Essex law firm by default after it filed its defence two days late.’

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Legal Futures, 26th April 2021

Source: www.legalfutures.co.uk

Older drinkers risk discrimination says charity, after pub refuses to serve man without smartphone – Daily Telegraph

‘Older drinkers are at risk of discrimination in pubs because they do not have smartphones to order food and drinks on an app, a charity has warned.’

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Daily Telegraph, 13th April 2021

Source: www.telegraph.co.uk

Does a Compulsory Retirement Age Infringe Human Rights Law? – by Hugh Collins – UK Labour Law Blog

‘An employer’s compulsory retirement scheme requires the dismissal of an employee for no other reason than the employee has attained a specified retirement age. The retirement age may be fixed in the terms of the contract of employment, a staff handbook, a collective agreement, or other regulations that determine the rules governing a particular retirement age. Although compulsory retirement used to be lawful, since 2011 the position in the United Kingdom (UK) is that an employee dismissed in accordance with an employer’s policy of a compulsory retirement age can bring a claim either for unfair dismissal under the Employment Rights Act 1996 or (for workers as well as employees) for age discrimination under the Equality Act 2010. Following Seldon v Clarkson Wright & Jakes [2012] UKSC 16, an employer can justify the age discrimination of a compulsory retirement age as a proportionate measure in pursuit of a legitimate aim, such as preserving the promotion prospects of younger staff or the avoidance of intrusive surveillance of the job performance of older staff.’

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UK Labour Law Blog, 17th March 2021

Source: uklabourlawblog.com

Multiple employment claims shoot up as Covid hits working conditions – Law Society’s Gazette

‘Multiple claims in the employment tribunal nearly doubled towards the end of 2020 as the effects of the pandemic took effect. Statistics published this week by the Ministry of Justice show 29,000 claims were made by more than one person based on the same set of facts in the final three months of last year. This is 82% up on the same period in 2019.’

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Law Society's Gazette, 12th March 2021

Source: www.lawgazette.co.uk

Tribunal rejects law firm’s second challenge to age discrimination ruling – Legal Futures

Posted January 14th, 2021 in age discrimination, employment tribunals, law firms, news, solicitors by tracey

‘An employment judge has refused a second application from a law firm to reconsider his decision to award an experienced property solicitor damages of £13,200 for age discrimination when he applied for a job with it.’

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Legal Futures, 14th January 2021

Source: www.legalfutures.co.uk

Justifying Austerity – Not Solely a Question of Cost – Littleton Chambers

Posted November 19th, 2020 in age discrimination, budgets, news, probation, remuneration by sally

‘On 11 November 2020, the Court of Appeal dismissed the appeal in Heskett -v- Secretary of State for Justice [2020] EWCA Civ 1487, holding that the “pay freeze” imposed on probation officers as the result of the Government’s austerity measures, which might otherwise have been regarded as indirectly age discriminatory, was capable of being justified as a proportionate means of achieving a legitimate aim.’

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Littleton Chambers, 12th November 2020

Source: littletonchambers.com