Age discrimination: Lessons from recent cases following six-fold surge in claims

John Bracken analyses three cases which highlight some of the perils employers face when making management decisions about older members of their workforce Whether employers are making redundancy, promotion or more general day-to-day decisions, they should not disregard the risk of age discrimination simply because the employees concerned are of fairly similar ages. Age discrimination …
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Privacy: Understand the legal pitfalls of monitoring remote employees

Rachel Tozer looks at the issues employers need to work through to help them decide whether electronic staff surveillance is justified An employer needs to be careful about treating one group of employees (such as remote workers) differently to another group (such as office-based workers). Recent reports that the Cabinet Office hopes to persuade civil …
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Legal news: Employment update

Lesley Finlayson rounds up the latest developments affecting employers and their advisers Employers should only discuss retirement plans with employees when they have a clear and proportionate legitimate aim such as succession planning. Enquiring about retirement plans alongside grievance management was discriminatory In Tapping v Ministry of Defence [2021], a civil servant has won an …
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Discrimination: Managing employees with dementia

Keely Rushmore examines the key points to take away from a recent decision that a 73-year-old Asda employee with memory problems suffered age and disability discrimination Cases such as Hutchinson highlight the importance of treating age-related illnesses as what they are: illnesses. Any underperformance or illness should be dealt with under the performance management or …
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Legal news: Employment update

Lauren Bholé rounds up recent developments affecting employers and their advisers The right to request carer’s leave will be a day one employment right, so employees will not need any minimum length of service before they can request the leave. Government publishes its response to the carer’s leave consultation In March 2020, the government launched …
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