Archive for the 'age discrimination' Category

Chef wins gagging order to suppress tribunal details – Daily Telegraph

“An internationally renowned chef has won a gagging order preventing publication of a legal wrangle with two former employees.”

Full story

Daily Telegraph, 4th May 2011

Source: www.telegraph.co.uk

TUC warns against impact of employment law reforms – Law Society’s Gazette

“Government plans for reform of employment tribunals will discriminate against black and minority ethnic groups, disabled people, women, and young workers, according to the Trades Union Congress (TUC).”

Full story

Law Society’s Gazette, 19th April 2011

Source: www.lawgazette.co.uk

Supreme Court tasked with setting compulsory retirement precedent – The Lawyer

“What legitimate social policy could justify retiring a partner or employee?

The Supreme Court will decide after Clarkson Wright & Jakes partner Leslie ­Seldon was given permission to fight his former firm over its decision to retire him at the age of 65.
Seldon argues that his firm was wrong to enact the partnership agreement and retire him because, he claims, it could not justify the action.”

Full story

The Lawyer, 7th March 2011

Source: www.thelawyer.com

British Airways plc v Mak and others – WLR Daily

British Airways plc v Mak and others [2011] EWCA Civ 184; [2011] WLR (D) 63

“The employment tribunal had jurisdiction to entertain claims for race and age discrimination brought against a British airline by employees based in Hong Kong, who worked for the airline on flights between Hong Kong and London among other destinations, since they did work partly in Great Britain and their employment was therefore to be regarded as being at an establishment in Great Britain.”

WLR Daily, 25th February 2011

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.

NHS could be sued for neglecting elderly under new law – Daily Telegraph

“Elderly patients who believe they have been treated badly because of their age could sue the National Health Service under new rights to be unveiled by ministers next month.”

Full story

Daily Telegraph, 15th February 2011

Source: www.telegraph.co.uk

Countryfile’s Miriam O’Reilly wins BBC ageism claim – The Guardian

“Former BBC presenter Miriam O’Reilly has won her case for age discrimination against the corporation after she was dropped from BBC1’s rural affairs show, Countryfile.”

Full story

The Guardian, 11th January 2011

Source: www.guardian.co.uk

Related link: Miriam O’Reilly tribunal: the verdict

‘Careful with those wrinkles,’ Countryfile presenter was told – The Independent

“Former BBC presenter Miriam O’Reilly was warned ‘to be careful with those wrinkles when high definition comes in’ nine months before she was dropped from Countryfile by the BBC, a tribunal heard yesterday. Ms O’Reilly, 53, is suing the broadcaster for sex and age discrimination after losing her job when the rural affairs show was moved to a prime-time slot.”

Full story

The Independent, 5th November 2010

Source: www.independent.co.uk

Why are over-70s banned from jury duty? – BBC News

“It has been decreed that the ban on over-70s doing jury duty will remain. But many older people would welcome the opportunity.”

Full story

BBC News, 10th August 2010

Source: www.bbc.co.uk

Letting over-70s serve on juries ‘would disrupt criminal trials’ – Daily Telegraph

“The Council of Circuit Judges, which represents more than 600 judges in England and Wales, said it had come to the ‘firm conclusion that there is no compelling case to alter the status quo’.”

Full story

Daily Telegraph, 10th August 2010

Source: www.telegraph.co.uk

Seldon v Clarkson Wright & Jakes (Secretary of State for Business, Innovation and Skills intervening) – WLR Daily

Seldon v Clarkson Wright & Jakes (Secretary of State for Business, Innovation and Skills intervening) [2010] EWCA Civ 899; [2010] WLR (D) 206

 “A rule providing for the compulsory retirement at 65 of partners in a firm of solicitors was a proportionate means of achieving legitimate aims relating to recruitment and promotions within the firm.”

WLR Daily, 28th July 2010

Source: www.lawreports.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Scrapped retirement age will live on in private sector, says expert – OUT-LAW.com

“The Government will scrap the law allowing organisations to force workers to retire at 65 but companies will find it easier than ever to run their own compulsory retirement schemes in the wake of a Court of Appeal ruling yesterday, an expert has said.”

Full story

OUT-LAW.com, 29th July 2010

Source: www.out-law.com

Kent lawyer loses retirement age discrimination case – BBC News

“A Kent lawyer who sued his own firm of solicitors when he was made to stop work at 65 has lost his discrimination case at the Court of Appeal.”

Full story

BBC News, 29th July 2010

Source: www.bbc.co.uk

Responses to Ministry of Justice consultation – Upper age limit for jury service – Judiciary of England and Wales

“Responses to Ministry of Justice consultation.”

Full responses

Judiciary of England of Wales, 21st July 2010

Source: www.judiciary.gov.uk

Coalition to stick with Labour’s Equality Act – BBC News

“The government is pressing ahead with Labour legislation which could require employers to disclose whether they pay women as much as men.”

Full story

BBC News, 2nd July 2010

Source: www.bbc.co.uk

Chief Constable of West Yorkshire Police and another v Homer – WLR Daily

Chief Constable of West Yorkshire Police and another v Homer [2010] EWCA Civ 419; [ 2010] WLR (D) 105

“The requirement of a law degree for eligibility for the highest pay grade as a police legal adviser did not amount to discrimination against those aged over 60.”

WLR Daily, 28th April 2010

Source: www.lawreports.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Equality Commission calls for over-65s to keep working – BBC News

“People should be allowed to work beyond the age of 65 and with more flexible hours, the Equality and Human Rights Commission has said.”

Full story

BBC News, 25th January 2010

Source: www.bbc.co.uk

Europe’s top court says age bars for job applicants can be legal – OUT-LAW.com

“Europe’s top court has said that some employers can stop people as young as 30 from applying for some jobs because they are too old. UK Employment Tribunals will have to take account of the ruling in age discrimination cases, an expert said.”

Full story

OUT-LAW.com, 21st January 2010

Source: www.out-law.com

Equality bill takes aim at ‘institutional ageism’ in NHS – The Guardian

“Ageism within the NHS and social care is set to be made illegal after a review of the treatment of older people found discrimination was ‘rooted’  in the attitudes of staff and organisations.”

Full story

The Guardian, 23rd October 2009

Source: www.guardian.co.uk

Court wants change to retirement law – The Independent

“Campaigners fighting to end the mandatory retirement age have pinned their hopes on a Government review of the law after losing a key legal battle in the courts.”

Full story

The Independent, 25th September 2009

Source: www.independent.co.uk

Judge demands Government scrap compulsory retirement age – The Times

“The Government faces overwhelming calls to scrap the compulsory retirement age of 65 after a High Court judge ruled today that in the current economic climate it was likely to be unlawful.”

Full story

The Times, 25th September 2009

Source: www.timesonline.co.uk

Related link: Timeline: the battle against enforced retirement

Retirement age judgement expected – BBC News

“A judgement on whether it is legal for UK employers to force workers to retire at the age of 65 is expected later.”

Full story

BBC News, 25th September 2009

Source: www.bb.co.uk

Companies will have to justify different treatment of old people, Government says – OUT-LAW.com

“Financial services and insurance companies will have to justify any unfavourable treatment of older people while car hire companies will not be allowed to refuse to serve old people under new proposals drawn up by the Government.”

Full story

OUT-LAW.com, 1st July 2009

Source: www.out-law.com

Rolls Royce plc v Unite the Union – Times Law Reports

Rolls Royce plc v Unite the Union

Court of Appeal

“Length of service was a lawful criterion for selection for redundancy since it achieved a legitimate aim by a proportionate means.”

The Times, 27th May 2009

Source: www.timesonline.co.uk

Rolls Royce plc v Unite the Union – WLR Daily

Rolls Royce plc v Unite the Union [2009] EWCA Civ 387

“A length of service criterion within the selection matrix for redundancy selection, contained in collective agreements between a company and a workers’ union, was not in breach of the Employment Equality (Age) Regulations 2006, in that the inclusion of the criterion was a ‘proportionate means of achieving a legitimate aim’ within reg 3(1)(b).”

WLR Daily, 19th May 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.

Longer-serving workers allowed protection from redundancy – The Times

“Companies can take employees’ length of service in to consideration when choosing who should be made redundant, the Court of Appeal said today, in a ruling that will protect older workers in the current downturn.”

Full story

The Times, 14th May 2009

Source: www.timesonline.co.uk

Waiter, 69, sues top hotel for £100,000 for age discrimination – Daily Telegraph

“An elderly waiter is suing the hotel where he worked for more than £100,000 after they called time on his career.”

Full story

Daily Telegraph, 19th April 2009

Source: www.telegraph.co.uk

NHS manager faces £500,000 compensation in age discrimination case – Daily Telegraph

“A senior NHS manager could be paid nearly £500,000 in compensation after she was refused a new job at the age of 56.”

Full story

Daily Telegraph, 8th April 2009

Source: www.telegraph.co.uk

R (Incorporated Trustees of the National Council on Ageing (Age Concern England)) v Secretary of State for Business, Enterprise and Regulatory Reform – WLR Daily

R (Incorporated Trustees of the National Council on Ageing (Age Concern England)) v Secretary of State for Business, Enterprise and Regulatory Reform (Case C-388/07); [2009] WLR(D) 82

“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.

Regina (Incorporated Trustees of the National Council on Ageing (Age Concern England)) v Secretary of State for Business, Enterprise and Regulatory Reform – Times Law Reports

Regina (Incorporated Trustees of the National Council on Ageing (Age Concern England)) v Secretary of State for Business, Enterprise and Regulatory Reform

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.

Air traffic firm ruled ‘ageist’ – BBC News

“The air traffic control service Nats has been found guilty of age discrimination by refusing to recruit trainee controllers older than 35.”

Full story 

BBC News, 27th February 2009

Source: www.bbc.co.uk

Regina (British Medical Association) v General Medical Council – Times Law Reports

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.

Claims against ageism at work triple in a year – The Guardian

“As Selina Scott settles with Channel Five, new figures show discrimination cases rose to 3,000.”

Full story

The Guardian, 7th December 2008

Source: www.guardian.co.uk

Selina Scott wins £250,000 in Channel Five ageism row – Daily Telegraph

“Selina Scott, the television presenter, has been awarded a six-figure settlement from Channel Five after launching an age discrimination claim.”

Full story

Daily Telegraph, 6th December 2008

Source: www.telegraph.co.uk

Selina Scott takes Channel Five to employment tribunal over ageism claim – Daily Telegraph

“Selina Scott is taking Channel Five to an employment tribunal over claims that it rejected her as a newsreader because she was too old.”

Full story

Daily Telegraph, 21st November 2008

Source: www.telegraph.co.uk

Action against suspected ageism is not ageism, rules EAT – OUT-LAW.com

“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.”

Full story

OUT-LAW.com, 3rd November 2008

Source: www.out-law.com

Selina Scott to sue Channel Five for age discrimination – The Guardian

“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.”

Full story

The Guardian, 1st September 2008

Source: www.guardian.co.uk

Opinion: Anti-discrimination laws need to be made consistent – The Lawyer

“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.”

Full story

The Lawyer, 28th July 2008

Source: www.thelawyer.com

Solicitor fights ‘ageist’ law firm which forced him to retire at 65 years old – The Times

” 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.”

Full story

The Times, 14th July 2008

Source: www.timesonline.co.uk

Court fight centres on retirement – BBC News

“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.”

Full story

BBC News, 2nd July 2008

Source: www.bbc.co.uk

Johns v Solent SD Ltd – Times Law Reports

Johns v Solent SD Ltd

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.

Law ‘will ban age discrimination’ – BBC News

“The government is to bring forward new legislation to outlaw all forms of age discrimination, the BBC has learned.”

Full story

BBC News, 25th June 2008

Source: www.bbc.co.uk

NHS age discrimination to be tackle with Equalities Bill – Daily Telegraph

“Age discrimination is to be outlawed in a bid to prevent pensioners being denied NHS treatment and patronised by doctors because of their age.”

Full story

Daily Telegraph, 22nd June 2008

Source: www.telegraph.co.uk

European test case could give over-65s the right to stay at work – The Guardian

“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.”

Full story

The Guardian, 16th June 2008

Source: www.guardian.co.uk

Discrimination: Is it time to extend the age laws? – The Guardian

“Are the age discrimination laws working, and should they be extended, asks Audrey Williams.”

Full story

The Guardian, 29th May 2008

Source: www.guardian.co.uk

Law firms still confused over age laws – The Times

“Eighteen months and two cases on, lawyers are still unsure how age discrimination rules apply to them.”

Full story

The Times, 12th March 2008

Source: www.timesonline.co.uk

Teenager wins age discrimination claim – The Times

” 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.”

Full story

The Times, 4th March 2008

Source: www.timesonline.co.uk

Policy review after judge forced to retire wins age bias case – The Guardian

“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.”

Full story

The Guardian, 23rd January 2008

Source: www.guardian.co.uk

Bloxham rules out appeal as Freshfields drops costs threat – Legal Week

“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.”

Full story

Legal Week, 21st November 2007

Source: www.legalweek.com

Firms could face big payouts over forced retirement at 65 – The Guardian

“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.”

Full story

The Guardian, 19th November 2007

Source: www.guardian.co.uk

Employers should take care with demands for experience, warns expert – OUT-LAW.com

“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.”

Full story

OUT-LAW.com, 15th November 2007

Source: www.out-law.com

Freshfields celebrates second discrimination case victory as former partner drops claim – Legal Week

“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.”

Full story

Legal Week, 15th November 2007

Source: www.legalweek.com

Woman sacked for being ‘too young’ wins landmark case – The Times

“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. ”

Full story

The Times, 12th November 2007

Source: www.timesonline.co.uk

Palacios de la Villa v Cortefiel Servicios SA – Times Law Reports

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 – WLR Daily

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.

A shame for Peter Bloxham, but not for the profession – The Times

“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.”

Full story

The Times, 17th October 2007

Source: www.timesonline.co.uk  


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