Age

The articles featured on hrlaw.co.uk were correct at the time of publication and should not be relied on or treated as a substitute for legal advice relevant to particular circumstances. Please contact us if you require legal assistance on any employment issues.

Employment Appeal Tribunal ("EAT") says post-employment victimisation is not unlawful

In a judgment handed down on 5 March 2013, the EAT held in the case of Rowstock Ltd v Jessemey that the Equality Act 2010 (“EqA”) does not provide protection against post-employment victimisation. The judgment surprised many practitioners who had...

Out with the old: Can we retire an underperforming older worker?

Dear Auntie I am the HR manager of a company specialising in IT support. In 2011 we scrapped our company retirement age of 65 because we do not think we would be able justify having one. Since then a number of our employees have continued working past the...

Can you force employees to retire at 65? What employers need to know about Seldon v Clarkson Wright and Jakes

When the Supreme Court ruled in Seldon v Clarkson Wright and Jakes that a solicitor could be forced to retire at age 65, the national press ran stories about the “chaos and confusion” faced by employers and indicated that this was a seismic...

Seldon v Clarkson Wright and Jakes - Law Society Gazette Article

This article first appeared in the Law Society Gazette    Since the introduction of age discrimination legislation in 2006, firms and LLPs have been scared their formerly uncontentious retirement provisions will become an unwelcome source of...

NHS consultant awarded £4.5 million for sex and race discrimination

Headlines in the press were dominated at the end of 2011 with the decision of an Employment Tribunal to award a consultant £4.5 million in relation her successful claims of unfair dismissal, sex discrimination and race discrimination against her...

Case Watch 2012

In December, employment partner Mark Watson spoke at the last Fox Williams hrlaw seminar of the year about some important court and employment tribunal decisions to look out for in 2012. Below is a summary of those cases. Age discrimination ...

So now you have no retirement age....the dos and don'ts of managing older workers

In this new era of the post-default retirement age world, all employers are now pretty much up to speed on the fact that, save for very narrow circumstances, it will be discriminatory to compulsorily retire an employee on the grounds of their age. ...

The Olympic Games 2012: One year to go - are you ready?

Dear Auntie With only one year to go to the London Olympic Games, we need to start planning and getting in shape! The summer holidays always cause a headache for us in the HR team, but we are expecting August 2012 to be even more challenging when the...

The abolition of the Default Retirement Age - HR's silver bullet to improve performance management

The planned abolition of the default retirement age (“DRA”) offers HR professionals a silver bullet to use in their ongoing battle to persuade line managers to deal with their employees’ performance issues.  It has the potential to...

New Year, New Problems

New year, new problems.. 2010 saw key developments in case law which Ozlem Kulle and Helen Besch outline in their articles. This article highlights key cases that are likely to be decided in 2011. Age discrimination The ECJ is considering in the German...

2010 case round up (part 2)

This is the second serving of our selection of key cases from 2010.  1. KRAFT FOODS v HASTIE – age discrimination / justification For more details of this case, see our Ask Auntie piece from our August 2010 newsletter . Summary:  ...

Survey results show strong employer resistance to retirement of retirement age

Thank you to all of you who completed our survey on the proposed abolition of the Default Retirement Age - we recognise the importance of this issue to you and have now fed your responses and our own views to the Government.  As you will be aware,...

What employers really need to know about the Equality Act 2010

Dear Aunty I know that the Equality Act came into force last week, but I have not been able to keep up to speed with the changes it introduced. Please can you summarise the ones most likely to be relevant to HR? Thanks Harry Harman     ...

Top tips for dealing with discrimination claims

Companies frequently make some fairly basic mistakes when defending discrimination claims.  If you are an HR manager and you have just received notice that one of your ex-employees has decided to pursue a claim for discrimination against the Company,...

Abolishing the Default Retirement Age

David Murphy answers questions about the Government’s plan to abolish the default retirement age.  Read below and let us know what you think by answering our short survey.  We are contributing to the Government’s consultation and will...

Auntie advises on age discrimination and redundancy

Dear Auntie,  Our company has a generous redundancy policy which is subject to a cap. The cap ensures that a redundant employee does not receive more than he or she would have earned had they remained in employment until retirement age.  A few of...

Facing up to facebook - the perils of social networking sites in the work-place

Over the past few yeas, employers have faced increasing problems arising out of the use of social networking sites and blogs in the work-place.  As a consequence, some employers have banned all use of such sites at work but this can be seen as an over...

Employment law under the new coalition government- Top Tips on what employers can expect

Information is now emerging on the changes employers can expect under the Conservative - Liberal Government. ‘The Coalition: Our Programme for Government’ was published on 20 May 2010 and outlines the following principal commitments on employment...

The Equality Act 2010 - Implications for Employers

The Equality Act received royal assent on 8 April 2010 and, according to the current Government timetable, the majority of the Act’s provisions should come into force in October 2010. The Act’s purpose is to harmonise existing discrimination...

Top Tips for Dealing with Employment Tribunal Disclosure

These top tips follow on from the guidance in this month’s Aunty Advice which details the nature of an employer’s obligation to disclose relevant documents as part of the employment tribunal litigation process. Top tips for dealing with...

Auntie Advises on Employment Tribunal Disclosure Obligations

Dear Auntie, We have just returned from a Case Management Discussion and the Employment Tribunal has ordered that disclosure be carried out over the next month.  We have a number of internal documents about the litigation which we would rather not...

Key Cases for 2010

2009 saw several key developments which Hrlaw took a brief look at in December ( http://www.hrlaw.co.uk/site/focus/employment_law_cases_2009 ). This article looks forward to 2010 and at further key cases which are likely to be decided in the new year. ...

Fighting for rights: new guidance on workplace harassment and violence

Workplace stress levels are possibly higher than ever in the current economic climate. Employees are concerned about possible redundancies, pay cuts, and having to work increasingly hard because of pressure from management.  It is at times like this...

Spotting sham contracts what businesses need to know

In the current climate businesses are increasingly seeking to use more flexible ways of engaging individuals to carry out work. By using self-employed contractors and agency workers, businesses can limit their potential liabilities when compared with taking...

Age discrimination and redundancies: will the pale, stale male be targeted in the economic downturn?

It may have happened to Selina Scott, so why should the pale, stale male be immune?  The lovely fifty-something Selina has reportedly been passed over by Channel Five News as maternity cover for a newsreading slot and a younger model, or models,...