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Dismissal

Dansk Industri (DI) v Estate of Karsten Eigil Rasmussen (ECJ decision)

19 April 2016

Subjects Retirement; International case; Dismissal

Source (Lewis Silkin LLP)

The ECJ says that a national court must disapply principles of national law that conflict with the general principle of EU law prohibiting age discrimination, and cannot prioritise principles of legal certainty or legitimate expectations instead.

Perrin v Fred Christophers Ltd (ET decision)

13 February 2016

Subjects Redundancy; Dismissal; Direct Discrimination

Source (Lewis Silkin LLP)

Comments that an employee was to be replaced by "a young, fit blonde" were age discrimination.

Peters v Rock Chemicals Ltd (ET decision)

28 January 2016

Subjects Retirement; Dismissal; Direct Discrimination

Source (Lewis Silkin LLP)

Various references to an individual's age during a process to dismiss him were age discrimination.

Dove v Brown & Newirth Ltd (ET decision)

02 December 2015

Subjects Dismissal; Direct Discrimination

Source (Lewis Silkin LLP)

Calling a 50-something year old employee "Gramps" was banter but was also age discrimination.

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.

O v Bio Philippe Auguste SARL (ECJ decision)

01 October 2015

Subjects Justification; Pay and benefits; International case; Dismissal; Direct Discrimination

Source (Lewis Silkin LLP)

The ECJ rules that it was not discrimination to withhold a 10% termination payment to a "young person" but make that payment to older persons.

CLFIS v Reynolds (Court of Appeal decision)

30 April 2015

Subjects Dismissal; Direct Discrimination

Source (Lewis Silkin LLP)

The Court of Appeal says that the mental processes of those who are not the decision maker should be considered.

Sash Window Workshop Ltd and another v King (EAT decision)

01 December 2014

Subjects Dismissal; Direct Discrimination

Source (Lewis Silkin LLP)

A salesman's knowledge that he could be dismissed at any time did not mean he suffered considerable injury to feelings after his age discriminatory termination.

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.