Seldon v Clarkson Wright and Jakes [2014] UKEAT/0434/13/RN; [2010] EWCA Civ 899; [2012] UKSC 16 – Law Journals

Legal News: Employment update

Jo Broadbent rounds up recent case law and developments affecting employers and their advisers ‘The EAT issued a cri de coeur on behalf of employees left in “real difficulty” if incoming and outgoing service providers cannot agree whether there has been a TUPE transfer or who is responsible for relevant employment liabilities.’ Activities were ‘fundamentally …

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Age Discrimination: Spot the difference

Jennifer McGrandle analyses a recent EAT decision on who the correct comparator is when seeking to demonstrate less favourable treatment ‘RBS may struggle to justify its treatment of Mr Donkor given that the significant additional cost of his enhanced pension seems to have been the driving force behind the decision not to offer him the …

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Age Discrimination: Where are we now?

Sarah Keeble and Mark Stroud review three recent age discrimination cases ‘Any mandatory retirement policy must be able to demonstrate that it is “reasonably” necessary and appropriate to achieve a legitimate aim.’ Since the abolition of the default retirement age on 6 April 2011, dismissing an individual who is at or approaching retirement amounts to …

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Age Discrimination: A unique approach to cost

Helen Cookson and Anna Scott review recent UK and European decisions on age equality ‘It is questionable whether the statistics will continue to show unemployment having a disproportionate impact on older workers, given the numbers of young unemployed graduates and NEETS (young people not in employment, education or training).’ Age discrimination is a key issue …

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Age Discrimination: How are employers managing without the default retirement age?

The results of a recent survey are revealed by Simon Rice-Birchall Perhaps most interesting is the finding that half of those who replied felt that the DRA’s abolition had made no real difference to their organisation. When the Labour government introduced legislation in 2006 prohibiting age discrimination, one of its most controversial decisions was to …

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Age Discrimination: Supreme Court gives landmark retirement rulings

Christopher Hitchins analyses the eagerly awaited decisions in Seldon and Homer on justifying direct and indirect age discrimination ‘We now have Supreme Court guidance on legitimate aims and the scope for justifying direct discrimination on the grounds of age, particularly in the context of mandatory retirement ages.’The Supreme Court has recently handed down its judgments …

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Discrimination Law: Claims by equity partners

Employment tribunals are increasingly having to resolve discrimination claims brought against partnerships. Suzanne McKie and Laura Bell look at the key issues ‘When seeking to resolve disputes within a partnership structure, it is common to have informal “without-prejudice chats” between partners to keep disputes low-key.’It is fair to say that equity partners are becoming increasingly …

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Default Retirement Age: Practical impact of the abolition

Caroline Stroud and Charlotte Stafford investigate how the ending of the right to retire employees automatically at 65 will affect employers ‘Among employers there is widespread concern about the effects on the workforce and the implications for businesses, despite the government’s assurances in its response to the consultation.’ On 13 January 2011 the government confirmed …

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