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Burden of proof
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Burden of proof Cases
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.
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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.
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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".
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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’.
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