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

Allocation schemes and unlawful discrimination – LAG Housing Law

‘Sam Madge-Wyld looks at challenges to housing allocation schemes.’

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LAG Housing Law, 26th April 2016

Source: www.laghousinglaw.com

You’ve lost that loving Ealing (Sorry) – Nearly Legal

‘Ealing’s allocation policy has already had lawfulness problems, compounded by Ealing’s unlawful refusal to do anything about that unlawfulness. But this judicial review of the policy was on a different basis and confirms a whole fresh ground of unlawfulness.’

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Nearly Legal, 27th April 2016

Source: www.nearlylegal.co.uk

City watchdogs investigate financial age discrimination – Daily Telegraph

‘The FCA may for the first time create special rules to protect the interests of the elderly.’

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Daily Telegraph, 20th February 2016

Source: www.telegraph.co.uk

Are firms discriminating against you because of age? Here’s how to check – Daily Telegraph

‘We look at how the ombudsman deals with complaints about age discrimination.’

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Daily Telegraph, 25th November 2015

Source: www.telegraph.co.uk

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?’

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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 .’

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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.’

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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.’

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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.’

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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.’

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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?’

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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.’

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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.’

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The Independent, 8th October 2014

Source: www.independent.co.uk