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Burden of proof
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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.
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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.
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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.
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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.
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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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