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Burden of proof Cases

Gimson v Telegraph (ET decision)

20 July 2012

Subjects Burden of proof; Dismissal; Direct Discrimination

Source (Lewis Silkin LLP)

A sketch writer for the Daily Telegraph fails in his "implausible" age discrimination claim.

James v Gina Shoes Ltd (EAT decision)

18 January 2012

Subjects News; Burden of proof; Direct Discrimination

Source (Lewis Silkin LLP)

58 year old production manager told "you can't teach an old dog new tricks" wins age discrimination claim on appeal

Dixon v Croglin Estate Co Ltd (ET decision)

04 January 2012

Subjects Burden of proof; Dismissal; Direct Discrimination

Source (Lewis Silkin LLP)

Gamekeeper who lost "his whole life" after being dismissed for being "set in his ways" wins £110k in age discrimination claim (including aggravated damages)

Gay v Sophos Plc (EAT decision)

16 September 2011

Subjects Redundancy; Burden of proof; Dismissal; Direct Discrimination

Source (Lewis Silkin LLP)

An employee who was unfairly dismissed, had not been subjected to age discrimination.

Mott MacDonald v Rivkin (EAT decision)

08 March 2011

Subjects Recruitment; Burden of proof

Source (Lewis Silkin LLP)

Finding of age discrimination made on basis that witness had lied and that in those circumstances the employer could not, apparently as a matter of law, satisfy the law on the burden of proof.

Beck v CIBC (EAT decision)

28 July 2010

Subject Burden of proof

Source (Lewis Silkin LLP)

The Employment Appeal Tribunal upheld an Employment Tribunal’s decision that a 42-year-old banker had suffered unlawful age discrimination because of a bank's use of the word "younger".

Mr P Frost v David Harber Limited

23 March 2010

Subjects Recruitment; Burden of proof

Source (Lewis Silkin LLP)

This case deals with using "age" as a selection criteria in recruitment. The decision itself is well worth a read and contains useful lessons for any employer.

Ormerod v Cummins Engine Company Limited (ET decision)

08 March 2010

Subjects Redundancy; Justification; Burden of proof; Indirect Discrimination

Source (Lewis Silkin LLP)

This ET decision deals with the issue of "windfall" payments to employees.

Beck v CIBC

21 December 2009

Subjects Redundancy; Burden of proof

Source (Lewis Silkin LLP)

A forty two year old banker was discriminated on the grounds of his age after his employer fired him and sought to replace him with someone with a "younger, entrepreneurial" style.

ABN Amro and others v Hogben

26 October 2009

Subjects Redundancy; Pay and benefits; Burden of proof; Indirect Discrimination

Source (Lewis Silkin LLP)

A change from one policy to another policy cannot in itself be a provision, criterion or practice for the purposes of the Age Regulations.

Live Nation (Venues) UK Ltd v Hussain (EAT decision)

03 July 2009

Subjects Burden of proof; Dismissal

Source (Lewis Silkin LLP)

The EAT found that a manager's dismissal of an employee, based on a belief that the employee held ageist views, did not justify an inference that the employee had been dismissed by reason of his age.

Montgomery v Sellar Property Group and others

21 November 2008

Subjects Recruitment; Burden of proof

Source (Lewis Silkin LLP)

Despite seeking a “dynamic young accountant”, SPG was found not to have discriminated on the grounds of age in their recruitment.

McCoy v McGregor and Sons Ltd

02 October 2008

Subjects Recruitment; Burden of proof

Source (Lewis Silkin LLP)

The decision of the Northern Ireland employment tribunal in McCoy v McGregor and Sons Ltd is a cautionary tale for employers who have not eliminated age-related language and questions from their recruitment exercises.

Wilkinson v Springwell Engineering Ltd

02 October 2008

Subjects Recruitment; Burden of proof

Source (Lewis Silkin LLP)

The youngest claimant, in Wilkinson v Springwell Engineering Ltd, was 18 when she was dismissed, ostensibly on grounds of her capability.

Court v Dennis Publishing Ltd

02 October 2008

Subjects Redundancy; Burden of proof; Dismissal

Source (Lewis Silkin LLP)

Court v Dennis Publishing Ltd involved a claimant dismissed for being too old.

Hussain v Live Nation (Venues) Ltd (ET decision)

02 October 2008

Subjects Burden of proof; Dismissal

Source (Lewis Silkin LLP)

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’.