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Burden of proof Cases

Bethnal Green and Shoreditch Education Trust v Dippenaar (EAT decision)

21 October 2015

Subjects Burden of proof; Indirect Discrimination; Dismissal

Source (Lewis Silkin LLP)

The EAT overturns a decision that a teacher suffered unlawful indirect age discrimination.

Dippenaar v Bethnal Green and Shoreditch Education Trust (ET decision)

04 November 2014

Subjects Burden of proof; Indirect Discrimination; Dismissal

Source (Lewis Silkin LLP)

An experienced teacher brought claims of unfair dismissal and indirect age discrimination on the basis that she was forced out of her role due to the cost of her employment compared to the cost of employing more junior teachers.

Reynolds v CLFIS (EAT decision)

21 May 2014

Subjects News; Burden of proof; Dismissal; Direct Discrimination

Source (Lewis Silkin LLP)

The EAT says: don't just look at whether the decision maker discriminated - also those who might have influenced the decision maker.

Killen v Brunel Univeresity (EAT decision)

14 March 2014

Subjects Redundancy; Burden of proof; Direct Discrimination

Source (Lewis Silkin LLP)

The EAT overturned a ruling that an employee suffered age discrimination when a younger, less qualified person was appointed to a position in a redundancy situation.

Reynolds v CLFIS (ET decision)

04 April 2013

Subjects Burden of proof; Dismissal; Direct Discrimination

Source (Lewis Silkin LLP)

The ET finds no discrimination when decision maker didn't discriminate, but was influenced by others who might have discriminated.

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’.