Police officers sue forces over forced retirement – BBC News
“Five police forces are to be taken to an employment tribunal accused of age discrimination.”
BBC News, 23rd January 2013
Source: www.bbc.co.uk
Category: age discrimination
John McCririck launches £3m ‘ageism’ claim over sacking from Channel 4 Racing – Daily Telegraph
“John McCririck, the flamboyant racing pundit, has launched a £3 million age discrimination claim after he was dropped by Channel 4.”
Daily Telegraph, 9th January 2013
Source: www.telegraph.co.uk
Equalities: Two Years after the Equality Act 2010 – 11 KBW
“The introduction of the Equality Act 2010 was a landmark in non-discrimination law, bringing together (and making some amendments to) a myriad of different statutory regimes covering various types of protected characteristics. However, such is the nature of litigation, that very little appellate case law has, as yet, had cause to consider the provisions of the Equality Act in any detail. As a result, the very substantial developments which have taken or are taking place recently in the equalities field have tended to arise out of the previous legal regimes, or related regimes such as the European Convention on Human Rights.”
Full story (PDF)
11 KBW, 20th December 2012
Source: www.11kbw.com
Couple sue for IVF in landmark ‘age discrimination’ case – Daily Telegraph
“A childless couple who have been refused NHS fertility treatment are suing Jeremy Hunt, the Health Secretary, for age discrimination in a landmark legal case.”
Daily Telegraph, 1st December 2012
Source: www.telegraph.co.uk
Equalities: Two Years after the Equality Act 2010 – 11 KBW
“The introduction of the Equality Act 2010 was a landmark in non-discrimination law, bringing together (and making some amendments to) a myriad of different statutory regimes covering various types of protected characteristics. However, such is the nature of litigation, that very little appellate case law has, as yet, had cause to consider the provisions of the Equality Act in any detail. As a result, the very substantial developments which have taken or are taking place recently in the equalities field have tended to arise out of the previous legal regimes, or related regimes such as the European Convention on Human Rights.”
Full story (PDF)
11 KBW, 20th November 2012
Source: www.11kbw.com
Age should not affect surgery – report – BBC News
“Assumptions about fitness in older people should not be used to decide whether patients have surgery, according to a report by the Royal College of Surgeons and Age UK.”
BBC News, 15th October 2012
Source: www.bbc.co.uk
Beginner’s Guide to the Ban on Age Discrimination in Goods and Services – Cloisters
“From 1 October, the government will bring into force the provisions within the Equality Act 2010 (EA 2010) which prohibit age discrimination in the field of goods and services by virtue of the Equality Act 2010 (Commencement No 9) Order 2012. This means that commercial, charitable and public sector organisations will be required to eliminate unequal treatment on the grounds of age in respect of the provision of goods and services.”
Full story (PDF)
Cloisters, 11th September 2012
Source: www.cloisters.com
Employment Law Update: Transfer of Undertakings (Protection of Employment) and Age Discrimination – 11 KBW
“For the benefit of anyone who has not worked in this area previously or recently, I shall summarise the basics. The relevant legal rules are found in the Transfer of Undertakings (Protection of Employment) Regulations 2006 (SI 2006/246) (‘TUPE’) which came into force on 6 April 2006. The most important change from the Transfer of Undertakings (Protection of Employment) Regulations 1981 (SI 1981/1794) has been the expansion of the definition of ‘a relevant transfer’ to encompass a service provision change as well as a transfer of an economic entity which retains its identity. This is a complex area of law, in which it is often hard to discern any broad principle which indicates the correct answer to the case on your desk: it is essential always to keep referring back to and re-reading the TUPE regulations themselves.”
Full story (PDF)
11 KBW, 17th August 2012
Source: www.11kbw.com
Age limits in the boardroom – Cloisters
“As Lord Davies reported in February 2011, at the current rate of change it will take over 70 years to achieve gender-balanced boardrooms in the UK. Almost a decade ago, the Higgs review of the role and
effectiveness of non-executive directors called for greater diversity among board directors, but the response on this front has been poor. Given that encouragement has failed, it is no wonder
that plans are afoot to prod listed companies into increasing the number of women on their boards.”
Full story (PDF)
Cloisters, August 2012
Source: www.cloisters.com
Former Daily Telegraph sketchwriter loses ageism case – The Guardian
“Senior Daily Telegraph journalist Andrew Gimson has lost a case claiming that he was unfairly dismissed after more than seven years as the newspaper’s main parliamentary sketchwriter on the grounds of ageism.”
The Guardian, 19th July 2012
Source: www.guardian.co.uk
Theresa May announces blanket ban on age discrimination of patients – The Guardian
“Doctors will be in breach of the law from October if they withhold medical help to patients purely on the basis of their age, the home secretary Theresa May will announce on Tuesday in a tightening of Britain’s age discrimination laws.”
The Guardian, 11th June 2012
Source: www.guardian.co.uk
Tyrolean Airways Tiroler Luftfahrt Gesellschaft mbH v Betriebsrat Bord der Tyrolean Airways Tiroler Luftfahrt Gesellschaft mbH – WLR Daily
“A provision in a collective agreement applicable to a group of companies within the airline industry which only took into account experience acquired as a cabin crew member from the date of recruitment by a specific airline company for the purposes of grading in the employment categories provided for in that agreement did not constitute indirect discrimination within the meaning of article 2(2)(b) of Council Directive 2000/78/EC.”
WLR Daily, 7th June 2012
Source: www.iclr.co.uk
Age Discrimination – 11 KBW
“‘How radical a change are the age discrimination provisions?’ The short answer is, ‘Very’, or, in the light of the two recent Judgments of the Supreme Court to this area of the law, ‘Very, very’.”
Full story (PDF)
11 KBW, 1st June 2012
Source: www.11kbw.com
Harriet Harman’s public sector equality laws to be scrapped – Daily Telegraph
“Anti-race and sex discrimination laws brought in under Labour are set to be scrapped because the ‘unnecessary’ rules are damaging businesses, Theresa May has said.”
Daily Telegraph, 16th May 2012
Source: www.telegraph.co.uk
Seldon v Clarkson Wright & Jakes (Secretary of State for Business, Innovation and Skills and another intervening) – WLR Daily
“A rule providing for the compulsory retirement at 65 of partners in a firm of solicitors could be justified as a means of achieving legitimate aims relating to recruitment and promotions within the firm.”
WLR Daily, 25th April 2012
Source: www.iclr.co.uk
Chief Constable of West Yorkshire Police and another v Homer – WLR Daily
Chief Constable of West Yorkshire Police and another v Homer; [2012] UKSC 15; [2012] WLR (D) 122
“An employment requirement which worked to the comparative disadvantage of a person approaching compulsory retirement age was indirectly discriminatory on grounds of age and had to be justified.”
WLR Daily, 25th April 2012
Source: www.iclr.co.uk
Age discrimination ruling allows employers to set retirement dates – The Guardian
“Employers can continue to set the age at which their staff retire, but only if they can prove there is strong justification for doing so, following a ruling by the supreme court.”
The Guardian, 25th April 2012
Source: www.guardian.co.uk
Lawyer loses retirement age appeal – The Independent
“A lawyer forced to retire at 65 lost a Supreme Court Appeal on age discrimination today.”
The Independent, 25th April 2012
Source: www.independent.co.uk
Meister v Speech Design Carrier Systems GmbH – WLR Daily
Meister v Speech Design Carrier Systems GmbH (Case C-415/10); [2012] WLR (D) 116
“European Union law did not entitle a worker who plausibly claimed to meet the requirements listed in a job advertisement and whose application was rejected to have access to information indicating whether the employer engaged another applicant at the end of the recruitment process. Nevertheless, it could not be ruled out that a refusal to grant any access to information might be one of the factors to take into account in the context of establishing facts from which it might be presumed that there had been direct or indirect discrimination.”
WLR Daily, 19th April 2012
Source: www.iclr.co.uk
Woodcock v Cumbria Primary Care Trust – WLR Daily
Woodcock v Cumbria Primary Care Trust [2012] EWCA Civ 330; [2012] WLR (D) 97
“For the purposes of a claim for age discrimination under regulation 3 of the Employment Equality (Age) Regulations 2006, where an employer gave notice of dismissal to an employee on the grounds of redundancy, it was a legitimate part of the aim of the employer in giving that notice to ensure that when giving effect to it, the dismissal also saved the employer additional costs that, had it not timed the dismissal as it did, it was likely to have incurred by reason of the employee’s age.”
WLR Daily, 22nd March 2012
Source: www.iclr.co.uk
