from the Inner Temple Library
“National rules allowing compulsory dismissal at retirement age and non-recruitment of persons of retirement age were not contrary to Community law provided that they were justified by legitimate social policy objectives and were appropriate and necessary for achieving such objectives.”
WLR Daily, 6th March 2009
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Court of Justice of the European Communities
“European member states could lawfully provide in their employment legislation for certain kinds of differences in treatment on the ground of age if those differences were objectively and reasonably justified by a legitimate aim such as employment policy, but the member states had the burden of establishing, to a high standard of proof, the legitimacy of the aim relied on as a justification.”
The Times, 9th March 2009
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.
“The air traffic control service Nats has been found guilty of age discrimination by refusing to recruit trainee controllers older than 35.”
BBC News, 27th February 2009
Source: www.bbc.co.uk
Regina (British Medical Association) v General Medical Council
Queen’s Bench Division
“There could be no legitimate expectation that a policy would be continued once it it had become known that it was unlawful.”
The Times, 19th January 2009
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.
“As Selina Scott settles with Channel Five, new figures show discrimination cases rose to 3,000.”
The Guardian, 7th December 2008
Source: www.guardian.co.uk
“Selina Scott, the television presenter, has been awarded a six-figure settlement from Channel Five after launching an age discrimination claim.”
Daily Telegraph, 6th December 2008
Source: www.telegraph.co.uk
“Selina Scott is taking Channel Five to an employment tribunal over claims that it rejected her as a newsreader because she was too old.”
Daily Telegraph, 21st November 2008
Source: www.telegraph.co.uk
“If an employer dismisses an employee on suspicion of age discrimination, that in itself is not age discrimination, an Employment Appeals Tribunal (EAT) has ruled.”
OUT-LAW.com, 3rd November 2008
Source: www.out-law.com
“Selina Scott is set to sue Channel Five, claiming she was lined up as maternity cover for Natasha Kaplinsky on Five News but was discriminated against for being too old.”
The Guardian, 1st September 2008
Source: www.guardian.co.uk
“The European Court of Justice (ECJ) recently gave judgment in Coleman v Attridge Law (2008). In so doing, it clarified the remit of the Framework Directive (2000/78/EC), which was adopted in November 2000 to combat discrimination in the workplace on grounds of religion or belief, disability, age or sexual orientation.”
The Lawyer, 28th July 2008
Source: www.thelawyer.com
” A solicitor who was forced by his law firm to retire at 65 will lodge a test appeal today, claiming that he was the victim of age discrimination.”
The Times, 14th July 2008
Source: www.timesonline.co.uk
“Employers across the UK could lose the right to make people retire at 65, as a result of a case being heard at the European Court of Justice.”
BBC News, 2nd July 2008
Source: www.bbc.co.uk
Court of Appeal
“Where there was a reasonable chance that the Court of Justice of the European Communities might decide a case pending before it so as to give a plaintiff a good claim in the English courts, the sensible answer was to stay the hearing of the claimant’s case so that it would not be snuffed out before the European Court decision became known.”
The Times, 27th June 2008
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.
“The government is to bring forward new legislation to outlaw all forms of age discrimination, the BBC has learned.”
BBC News, 25th June 2008
Source: www.bbc.co.uk
“Age discrimination is to be outlawed in a bid to prevent pensioners being denied NHS treatment and patronised by doctors because of their age.”
Daily Telegraph, 22nd June 2008
Source: www.telegraph.co.uk
“A test case on age discrimination which goes to the European court of justice in Luxembourg early next month could open the way for employees in Britain to insist on working past 65.”
The Guardian, 16th June 2008
Source: www.guardian.co.uk
“Are the age discrimination laws working, and should they be extended, asks Audrey Williams.”
The Guardian, 29th May 2008
Source: www.guardian.co.uk
“Eighteen months and two cases on, lawyers are still unsure how age discrimination rules apply to them.”
The Times, 12th March 2008
Source: www.timesonline.co.uk
” A 19-year-old woman who claimed that she was sacked for being too young has been awarded more than £16,000 in compensation after winning a ground-breaking case against her former employer.”
The Times, 4th March 2008
Source: www.timesonline.co.uk
“A part-time judge, forced to retire after reaching the age of 65, has won an unprecedented age discrimination claim against the lord chancellor, Jack Straw, and could get up to £200,000 compensation if the Ministry of Justice does not let him return to sit as recorder.”
The Guardian, 23rd January 2008
Source: www.guardian.co.uk
“Freshfields Bruckhaus Deringer has dropped its costs claim against former partner Peter Bloxham, following his announcement today (21 November) that he will not appeal an age-discrimination ruling acquitting the magic circle firm.”
Legal Week, 21st November 2007
Source: www.legalweek.com
“Lawyers are warning employers that they could be laying themselves open to large compensation claims if they force workers to retire at 65 – even though the current law allows them to do so.”
The Guardian, 19th November 2007
Source: www.guardian.co.uk
“Employers must curb their demands for fixed amounts of experience from job applicants to avoid falling foul of discrimination legislation, an employment law specialist has warned.”
OUT-LAW.com, 15th November 2007
Source: www.out-law.com
“Former Freshfields Bruckhaus Deringer partner Lois Moore has dropped her age discrimination case against the firm as the City giant pursues costs in a similar case brought by former restructuring head Peter Bloxham.”
Legal Week, 15th November 2007
Source: www.legalweek.com
“A 20-year old woman who lost her job at a London club for being ‘too young’ has won what is thought to be the first age discrimination claim of its kind in the UK. “
The Times, 12th November 2007
Source: www.timesonline.co.uk
National employment policy justifies age bias
Palacios de la Villa v Cortefiel Servicios SA Case C-411/05
“Although a domestic law providing for compulsory dismissal from employment at a set retirement age constituted direct discrimination on the ground of age, contrary to an EC directive, it was justified if it pursued a legitimate aim of national employment policy, such as distributing employment between generations, and if it was appropriate and necessary for that objective.”
The Times, 23rd October 2007
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.
Palacios de la Villa v Cortefiel Servicios SA (Case C-411/05)
“Although a Spanish law permitting compulsory retirement at age 65 gave rise to a difference in treatment directly based on age, as referred to in art 2 of Directive 2000/78 establishing a general framework for equal treatment in employment and occupation, it was justified under art 6 as a measure having a legitimate aim relating to employment policy.”
WLR Daily, 16th October 2007
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
“It was intriguing that the loudest sighs of relief after Peter Bloxham lost his age discrimination claim against his former partners at Freshfields Bruckhaus Deringer last week were from lawyers nearer the end than the start of their careers.”
The Times, 17th October 2007
Source: www.timesonline.co.uk
“Peter Bloxham, the former head of restructuring at Freshfields Bruckhaus Deringer, has lost his landmark £4.5 million age discrimination claim against the elite City law firm.”
The Times, 10th October 2007
Source: www.timesonline.co.uk
“Ministers will face calls this week to extend the laws to protect the elderly as tribunals brace themselves for a surge in age discrimination claims.”
The Times, 3rd September 2007
Source: www.timesonline.co.uk
“Fewer than one in five companies have changed their employment and recruitment practices in the wake of new anti-age discrimination laws, according to research by employment relations body ACAS.”
OUT-LAW.com, 24th August 2007
Source: www.out-law.com
“The judgment on Peter Bloxham’s age discrimination claims against his former firm Freshfields Bruckhaus Deringer has been reserved indefinitely.”
The Lawyer, 17th July 2007
Source: www.thelawyer.com
“Freshfields Bruckhaus Deringer, the elite London law firm that is fighting an age-discrimination claim from a former partner, is being sued by another ex-employee, it emerged yesterday.”
The Times, 17th July 2007
Source: www.timesonline.co.uk
“Its partners earn millions of pounds a year advising clients on employment and benefits issues, but Freshfields Bruckhaus Deringer omitted to check that changes to its own pension scheme were legal, it emerged yesterday.”
The Times, 14th July 2007
Source: www.timesonline.co.uk
“One of the legal world’s most eagerly awaited spectacles for years is to start at an employment tribunal today when a senior City lawyer accuses his former partners of age discrimination. Peter Bloxham, the 54-year-old former head of restructuring for Freshfields Bruckhaus Deringer, will take the stand at the London Central Employment Tribunal to give evidence against former colleagues in the elite City of London law firm.”
The Times, 9th July 2007
Source: www.timesonline.co.uk
“Campaigners attacked a proposed shake-up of discrimination laws today – accusing ministers of failing to do enough to protect victims.”
The Guardian, 12th June 2007
Source: www.guardian.co.uk
“The Government today published a consultation document including proposals for a Single Equality Bill, to simplify and improve existing legislation and make common-sense proposals to modernise discrimination law.”
Communities and Local Government press release, 12th June 2007
Source: www.communities.gov.uk
“Thousands of buy-to-let landlords will be have to build ramps and lifts for disabled tenants in their properties under the Government’s proposed new equality law.”
The Times, 12th June 2007
Source: www.timesonline.co.uk
“Thompsons has won the first age discrimination case since new laws were introduced in October 2006, paving the way for a slew of similar cases.”
The Lawyer, 19th April 2007
Source: www.thelawyer.com
“An NHS worker who was sacked the day before last year’s new age discrimination laws came into effect has been reinstated along with 35 of her colleagues. A deadline has passed which means similar cases are unlikely to be successful.”
OUT-LAW.com, 18th April 2007
Source: www.out-law.com
“A 66-year-old health worker sacked the day before new age discrimination regulations came into force has won her job back, it was revealed today.”
The Times, 12th April 2007
Source: www.timesonline.co.uk
