A Scottish ET has considered the level of compensation to be awarded when an employer does not give notice of intended retirement to an employee within the required timescales.
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Employment Tribunal
This case was originally heard by an ET. An appeal against the ET's decision was heard by the EAT in July 2008.
Upper age limit of 35 for recruitment of air traffic controllers held unlawful.
An age discrimination claim against BP was unsuccessful; Tribunal rules that BP does not have an "ageist" culture.
Despite seeking a “dynamic young accountant”, SPG was found not to have discriminated on the grounds of age in their recruitment.
An ET rules that an enhanced redundancy scheme which gave greater credit for service over 40 was unlawful.
An employee of a UK subsidiary may only claim age discrimination under a share plan operated by an overseas parent if the overseas parent has aided and abetted an act of unlawful age discrimination by the UK subsidiary.
This is the first reported age discrimination case dealing with the thorny issue of flexible benefits schemes.
Sharma v Millbrook Beds Ltd involved an employer whose attempts to reduce the risk of a claim backfired.
The youngest claimant, in Wilkinson v Springwell Engineering Ltd, was 18 when she was dismissed, ostensibly on grounds of her capability.
This decision is a cautionary tale for employers who have not eliminated age-related language and questions from their recruitment exercises.
This case involved a claimant dismissed for being "too old".
In relation to non-retirement dismissals, the decision in Hussain v Live Nation (Venues) Ltd illustrates the danger for an employer in seeking to play the ‘age card’.
A tribunal has ruled that a law firm did not unlawfully discriminate on age grounds when it reformed its partner pension scheme - even though the extent of partners’ losses depended on their age.
A 61 year old teacher who was not shortlisted for a job advertised for candidates ‘in the first five years of their career’ was indirectly discriminated against on the grounds of her age.
This Scottish case was one of the first to be decided in relation to harassment on age grounds.
The old statutory retirement procedure which, if correctly followed, would protect an employer from unfair dismissal and/or age discrimination claims, only applies to employees.
An employee dismissed one day before his 65th birthday succeeded in his age discrimination claim.
The requirement for recent "hands on" experience was not age discriminatory.
Cleaner in a dentist is successful in her age discrimination claim.