Viewing entries tagged
Justification

Comment

Air Products Plc v Cockram

In this case, the Court of Appeal ruled that a good leaver provision in an LTIP could be objectively justified on the basis that the employer wished to achieve intergenerational fairness and consistency, reward experience and loyalty, and ensure a mix of generations of staff.

Comment

Cockram v Air Products Plc

The EAT found an error in the ET's reasoning when looking at justification, so remitted the case for rehearing.

O v Bio Philippe Auguste SARL

The ECJ rules that it was not discrimination to withhold a 10% termination payment to a "young person" but make that payment to older persons.

McDowell v BAE Systems

An enhanced redundancy scheme that tapered down to zero at age 65 was not justified.

Games v University of Kent

An Employment Tribunal erred when it held a PhD requirement put applicants for a lecture position at a particular disadvantage