Yes you can discriminate against a company (but you shouldn’t!) – No. 5 Chambers

‘How odd, you might think. A company can suffer a detriment under the Equality Act 2010 and so bring a claim for direct discrimination. Yet a company is impersonal and protected characteristics are highly personal that only individuals can have. How can that be?’

Full story

No. 5 Chambers, 8th October 2015

Source: www.no5.com

EAD Solicitors and Ors v Abrams: Equality for all “Persons?” – Cloisters

‘Chris Milsom considers the recent EAT Judgment which decides that a limited company can sue for discrimination under the Equality Act 2010 .’

Full story

Cloisters, 29th September 2015

Source: www.cloisters.com

Regina (Child Soldiers International) v Secretary of State for Defence – WLR Daily

Posted August 4th, 2015 in age discrimination, armed forces, EC law, equality, law reports, news, regulations by sally

Regina (Child Soldiers International) v Secretary of State for Defence [2015] EWHC 2183 (Admin); [2015] WLR (D) 343

‘Article 3(4) of Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation gave member states an unqualified and unrestricted power not to apply the Directive to the armed forces, so that the terms of the Army Terms of Service Regulations 2007 were not incompatible with equal treatment under the Directive.’

WLR Daily, 24th July 2015

Source: www.iclr.co.uk

Reynolds v CLFIS (UK) Ltd and others – WLR Daily

Posted May 11th, 2015 in age discrimination, dismissal, law reports, reasons by sally

Reynolds v CLFIS (UK) Ltd and others [2015] EWCA Civ 439; [2015] WLR (D) 197

‘In a “tainted information case”, where the claimant claimed that she had been dismissed on grounds of age and the court’s focus had been on the potential prejudice of only one manager of the employer, not all of those who might have provided information bearing on any discrimination, the correct approach was to treat the conduct of the person supplying the information as separate from that of the person who acted on it, and the alternative “composite” approach was not appropriate to such a case.’

WLR Daily, 30th April 2015

Source: www.iclr.co.uk

A19 police retirement: 1,086 officers seek compensation – BBC News

‘More than 1,000 former senior police officers are seeking compensation after being forced to retire under the controversial regulation A19.’

Full story

BBC News, 10th March 2015

Source: www.bbc.co.uk

Dow Jones worker ‘made to dress as Santa’ wins unfair dismissal case – BBC News

‘A middle-aged accountant who said he was forced to dress up as Father Christmas and branded an “old buffer” has won his claim for unfair dismissal.’

Full story

BBC News, 6th March 2015

Source: www.bbc.co.uk

DVLA suffers High Court defeat for revoking elderly woman’s licence based on ‘age alone’ – Daily Telegraph

‘A 78-year-old woman who caused a three car pile-up has won the right to drive again, as judge rules that medical checks as well as on-road appraisals are necessary.’

Full story

Daily Telegraph, 20th January 2015

Source: www.telegraph.co.uk

Settling a taxing point about taxation of settlement agreements – Cloisters

Posted December 18th, 2014 in age discrimination, news, redundancy, taxation, tribunals, unfair dismissal by sally

‘If you are an advisor who only occasionally dabbles with tax issues in settlements for fear of having to delve into murky tax law, take note of a recent decision providing a lucid summary of the relevant principles. The case is also a cautionary tale for claimants challenging tax assessments as the claimant’s unsuccessful challenge before the First-Tier Tax Tribunal (FTT) resulted in a tax bill larger than the one sent to him by HMRC. If Oti-Obhihara [2011] IRLR 386 and Orthet v Vince Cain [2005] ICR 374 ring a distant bell from advising on settlements past, they should now be retuned to the sound of alarm bells as the FTT in Moorthy v HMRC [2014] UKFTT 834 (TC) has doubted their correctness.’

Full story

Cloisters, 12th December 2014

Source: www.cloisters.com

When is it time to stop judging? Age Discrimination and the Judiciary – Cloisters

Posted December 11th, 2014 in age discrimination, equality, judges, judiciary, news by sally

‘Mr White, a retired circuit judge, brought claims against the MoJ for age discrimination.

By an amendment, he added claims for breaches under the Part-Time Workers (Prevention of Less Favourable Treatment) Regulations 2000 and an allegation that the decision not to appoint him to the position of deputy circuit judge after his retirement was an act of age discrimination. These two additional claims were subsequently dismissed on the basis that they were out of time.

The tribunal therefore only considered one issue: is the requirement for a judge to retire on his or her 70th birthday an act of age discrimination?’

Full story

Cloisters, 9th December 2014

Source: www.cloisters.com

Requiring candidates to have a PhD may be discriminatory – Technology Law Update

Posted December 2nd, 2014 in age discrimination, appeals, education, employment tribunals, news by sally

‘The Employment Appeal Tribunal has recently addressed an issue that is of particular interest to technology companies: could making a PhD an absolute requirement when recruiting be indirectly discriminatory against older applicants? Unfortunately the EAT did not come up with a definitive answer, but in the best academic tradition, it has reformulated the question.’

Full story

Technology Law Update, 2nd December 2014

Source: www.technology-law-blog.co.uk

MoD faces legal fight over recruitment of child soldiers – The Independent

Posted October 8th, 2014 in age discrimination, armed forces, courts martial, news, young persons by sally

‘Campaigners are taking legal action against the Ministry of Defence today to demand the nation’s youngest soldiers are not forced into serving longer than adult recruits.’

Full story

The Independent, 8th October 2014

Source: www.independent.co.uk

Compensation for Injury to Feelings Taxable – No. 5 Chambers

Posted September 25th, 2014 in age discrimination, compensation, HM Revenue & Customs, news, taxation, tribunals by sally

‘Anthony Korn reports on the recent judgment of First Tier Tribunal Tax Chamber in Moorthy v The Commissioners for Her Majesty’s Revenue and Customs (TCO3952).’

Full story

No. 5 Chambers, 19th September 2014

Source: www.no5.com

Lawful Age Discrimination? – No. 5 Chambers

‘Caroline Jennings reviews the recent EAT case of Palmer v RBS UKEAT/0083/14 which concerns whether or not a statutory restriction on eligibility for early retirement benefits could amount to age discrimination.’

Full story

No. 5 Chambers, 19th September 2014

Source: www.no5.com

Proving and Disproving Discrimination – Cloisters

‘This talk looks at the legal and practical tools available to employment lawyers to prove or disprove direct discrimination and harassment, exploring in particular three areas:
How judges apply the burden of proof s136(2)(3) EA 2010.
What is the role of Comparators in light of the Supreme Court decision of Hewage v Grampian Health Board [2012] ICR 1054, SC.
What role does knowledge of the protected characteristic now play in light of IPC Media Ltd v Millar [2013] IRLR 707.’

Full story

Cloisters, 29th August 2014

Source: www.cloisters.com

Magistrate sings in protest at being forced to retire – Daily Telegraph

Posted August 11th, 2014 in age discrimination, elderly, magistrates, news, retirement by sally

‘Karen Henshaw stood up in court and broke into song about being forced to step down from her duties at the age of 70.’

Full story

Daily Telegraph, 8th August 2014

Source: www.telegraph.co.uk

Woman abused by stepfather fights for compensation – Daily Telegraph

‘A woman who was sexually abused by her stepfather for more than a decade will today bring a landmark legal case in an attempt to overturn rules which bar her from claiming compensation from public funds.’

Full story

Daily Telegraph, 21st May 2014

Source: www.telegraph.co.uk

Purple Parking workers win ageism battle after dozens sacked for ‘being too old’ – The Independent

‘Britain’s biggest airport car parking company, Purple Parking, has admitted age discrimination against its workers after it sacked dozens of them for being too old.’

Full story

The Independent, 10th March 2014

Source: www.independent.co.uk

Jessemy v Rowstock Ltd: post-termination victimisation and the limits of judicial reasoning – Employment Law Blog

‘Harini Iyengar explains the Court of Appeal’s conclusion in Jessemy v Rowstock Ltd [2014] EWCA Civ 185 that victimisation of former employees remains unlawful even though “on any natural reading of the relevant provisions of the [Equality Act 2010], taken on their own and without reference to any contextual material, post-termination victimisation is not proscribed”.’

Full story

Employment Law Blog, 7th March 2014

Source: www.employment11kbw.com

Rowstock Ltd and another v Jessemey – WLR Daily

Rowstock Ltd and another v Jessemey [2014] EWCA Civ 185; [2014] WLR (D) 101

‘The Court of Appeal so stated when allowing the appeal of the claimant, Mr P Jessemey, against a decision of the Employment Appeal Tribunal on 5 March 2013 [2013] ICR 807 dismissing his appeal against a decision by the employment tribunal sitting at Reading to dismiss his claim against his former employer Rowstock Ltd and its director Mr Davis for victimisation pursuant to section 108 of the Equality Act 2010.’

WLR Daily, 26th February 2014

Source: www.iclr.co.uk

Age discrimination in the police force – the A19 test case – Halsbury’s Law Exchange

Posted February 12th, 2014 in age discrimination, employment tribunals, news, police, retirement by sally

‘In the recent police A19 test case, the Employment Tribunal unanimously found, “that the practice of requiring the retirement of nearly all officers in the Forces who could be required to retire under Regulation A19 of the Police Pensions Regulations 1987 was not a proportionate means of achieving a legitimate aim”, and therefore amounted to age discrimination.’

Full story

Halsbury’s Law Exchange, 11th February 2014

Source: www.halsburyslawexchange.co.uk