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Dismissal

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.

Compass Group v Ayodele (EAT decision)

15 July 2011

Subjects Retirement; Dismissal

Source (Lewis Silkin LLP)

The EAT upholds an Employment Tribunal decision that that an employer should consider a request to work beyond retirement “in good faith”.

Lancaster v TBWA (EAT decision)

14 June 2011

Subjects Ill health and age; Dismissal

Source (Lewis Silkin LLP)

Claimant loses age discrimination claim which was based on the premise that the whole of the advertising industry is ageist.

Bailey v R&R Plant (Peterborough) Ltd (EAT decision)

18 May 2011

Subjects Retirement; Dismissal

Source (Lewis Silkin LLP)

This case concerned the statutory right to request to stay on beyond retire age and in particular paragraphs 2 and 5 of Schedule 6 of the Employment Equality (Age) Regulations 2006.

Howard v Campbell’s Caravans Ltd (EAT decision)

12 May 2011

Subjects Retirement; Dismissal

Source (Lewis Silkin LLP)

The EAT finds that a retirement notice stating the employee would retire "after his 65th birthday" complied with s98ZG of the Employment Rights Act 1996 and under Regulation 30 it was not unlawful age discrimination.

Harper v Moulton College (ET decision)

18 February 2011

Subjects Recruitment; Dismissal

Source (Lewis Silkin LLP)

Mrs Harper wins nearly £150,000 in age discrimination claim.

Newey v Sainsbury's Supermarkets Ltd (Employment Tribunal decision)

14 July 2010

Subjects Retirement; Dismissal

Source (Lewis Silkin LLP)

This is the sort of claim that employers may face when they no longer have the protection of being able to retire employees under the default retirement age exemption, which is being phased out from 6 April 2011.

Ayodele v Compass Group plc

28 June 2010

Subjects Retirement; Dismissal

Source (Lewis Silkin LLP)

An employment tribunal holds that the duty to consider procedure in the Age Regulations requires an employer to genuinely consider an employee's request to work beyond retirement.

Kücükdeveci v Swedex (Advocate-General opinion)

23 November 2009

Subjects Justification; International case; Dismissal

Source (Lewis Silkin LLP)

The Advocate General has given an opinion that a German law setting down minimum periods of notice, but which excludes all time worked before the age of 25, is incompatible with EU law.

London Borough of Tower Hamlets v Wooster

10 September 2009

Subjects Pensions; Dismissal

Source (Lewis Silkin LLP)

A former Council employee is successful in possibly the highest value age discrimination claim to date