The Employment Tribunal found that age was a motivating factor in an employee’s dismissal despite attempts to cast it as performance-related or redundancy.
Viewing entries tagged
Direct discrimination
It wasn’t age discrimination when younger colleagues said they wanted to go “clubbing” for a work Christmas party.
An Employment Tribunal must reconsider its decision that a rushed redundancy process was not direct age discrimination.
A finding of direct age discrimination was upheld because an NHS Trust had made age-related assumptions about a locum consultant's willingness to apply for a specialist register based on his retirement plans.
A 61-year-old account manager was unfairly constructively dismissed after being put on a performance improvement plan without warning, but the majority of the Tribunal concluded there was no age discrimination.
The EAT required a Tribunal to reconsider its finding that direct age discrimination in access to a car lease scheme was justified, because they took account of an issue that had not been argued by the parties.
Italian legislation which fixed a maximum age limit of 30 for participation in a competition to recruit police commissioners was age discrimination that could not be justified, and so was incompatible with EU law.
After Brexit, courts cannot disapply UK law on the basis of its incompatibility with the EU Charter of Fundamental Rights.
An exception from age discrimination for periods of pensionable service prior to 1 December 2006 was potentially not compatible with EU law, but could only be set aside for pensioners who had made a claim before 31 December 2020
A settlement agreement could not cover age discrimination claims that had not arisen at the time it was signed.
The EAT held that it was not direct age discrimination for PHI payments to be stopped when an employee turned 65, despite the state pension age being 66.
The Employment Tribunal was required to reconsider parts of a decision on age discrimination after not properly considering the employer’s evidence.
The ECJ has ruled that an age restriction on eligibility for election to the position of sector convenor in a workers’ organisation is covered by the Equal Treatment Framework Directive.
The EAT ruled that an age discrimination claim was rightly struck out for having no reasonable prospects of success.
A cap on pension compensation following employer insolvency was unlawful age discrimination.
A cap on pension compensation following employer insolvency was unlawful age discrimination.
Referring to an employee as a “grandmother” in a magazine review was less favourable treatment on grounds of age but the claim had been brought out of time.
A 14-year-old schoolgirl who was sacked for being “too young” has won an age discrimination claim.
The Court of Appeal extended the time limit to allow an employee’s claim for discrimination in an amendment application which was originally refused by the Tribunal.
A letter calling the Claimant a “jumped up, know it all, spoilt child” amounted to direct age discrimination.