In Duncombe and ors v Secretary of State for Children, School and Families (No.2) the Supreme Court decided that teachers employed by the Secretary of State to work in European Schools overseas fell within the protection of the Employment Rights Act 1996 and could therefore claim unfiar dismissal. The Court ruled that the teachers comprised[…]
The EAT has recently decided in the case of Tameside Hospital NHS Foundation Trust v Mr Mylott that an employer does not have a duty under Section 4A of the Disability Discrimination Act to take steps to facilitate a disabled employee applying for ill health retirement. Reasonable adjustments, under Section 4A involve steps to enable[…]
Three key changes are due to take place in April: The default retirement age will be phased on from 6 April 2011 the right to request flexible working will be extended to parents of children under 18. However, in The Telepgraph today it was reported that Vince Cable, Secretary of State for Business, Innovation and[…]
Gender Considerations should not be used to set insurance premiums or benefts
LATEST NEWS Apr 18, 2011
In Association Belge des Consommateurs Test-Achats ASBL and ors the European Court of Justice has decided that insurers cannot take gender into account as a risk factor when setting premiums and payouts in respect of annuities, retirement savings and accident cover. The decision is likely to affect many insured benefits provided by employers such as[…]
The Government has revised the draft Employment Equality (Repeal of Retirement Age Provisions) Regulations 2011 to address a problem in the transitional provisions contained in the original draft that would have meant that the retirement procedure could not be relied on in respect of an employee whom it was intended to retire before 1 October[…]
The recent case of Nixon v Ross Coates Solicitors and anor illustrates the dangers of office gossip, particularly where this concerns the pregnancy of an employee. The claimant in this the case was employed for over ten years by the respondent to bring in clients and assist with corporate hospitality. She was having a relationship[…]
Countryfile Presenter Dropped from Primetime Show Suffered Age Discrimination
LATEST NEWS Apr 18, 2011
In O’Reilly v British Broadcasting Corporation the London Central Employment Tribunal upheld a female TV presenter’s claim that she had suffered age discrimination when she was replaced by a younger female presenter. The BBC sought to argue that younger presenters were necessary to appeal to younger viewers. However the tribunal considered that it would not[…]
In Brink’s Global Services Inc and ors v Igrox Limited the Court of Appeal held that an employer was vicariously liable for the theft of a number of silver bars by one of its employees. The court decided that there was a sufficiently close connection between the employee’s theft and his employment to make it[…]
Excellent article here by Richard Miskella from Lewis Silkin on the Government’s proposals to cut employment law red tape in favour of employers: http://www.personneltoday.com/articles/2011/01/18/57248/legal-opinion-employers-charter-or-political-double-speak.html
From 1 October 2011 the default retirement age will be ablished. Phasing out will begin from April. The default retirement age (DRA) of 65 was introduced by the Employment Equality (Age) Regulations in 2006. It allowed employers to force employees to retire at the age of 65 or above without legal liability, provided that they[…]