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Burden of proof Cases

Beck v CIBC

21 December 2009

Subjects Redundancy; Burden of proof
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
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
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
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’.