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Indirect Discrimination

Greer v Coulter (Industrial Tribunal (NI) decision)

07 September 2011

Subjects Pay and benefits; Indirect Discrimination

Source (Lewis Silkin LLP)

An 18 year old who was fired for claiming minimum wage was fired.

Mrs I McLean v Forum Law t/a Legal Assistance Direct

20 January 2011

Subjects Redundancy; Indirect Discrimination

Source (Lewis Silkin LLP)

In this case, an ET decides that a legal adviser salary band was not indirectly age discriminatory.

Harrison v Ministry of Defence

30 July 2010

Subjects Justification; Pay and benefits; Indirect Discrimination

Source (Lewis Silkin LLP)

In an interim hearing, an Employment Tribunal finds that the test in Regulation 32(2) of the Employment Equality (Age) Regulations 2006 is a mix of objective and subjective tests.

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.

Pulham v Barking and Dagenham Council

28 October 2009

Subjects Justification; Pay and benefits; Indirect Discrimination

Source (Lewis Silkin LLP)

Barking and Dagenham Council loses appeal after 15 employees bring age discrimination claim.

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.

Age UK v Secretary of State for Business, Innovation and Skills – known as the “Heyday” case (High Court decision)

25 September 2009

Subjects Justification; Retirement; Indirect Discrimination

Source (Lewis Silkin LLP)

The High Court has today given judgment on R (on the application of Age UK) v Secretary of State for Business, Innovation and Skills [2009] EWHC 2336 (Admin) – known as the “Heyday” case.

Smith v Strathclyde Fire Board

26 June 2009

Subjects Justification; Indirect Discrimination

Source (Lewis Silkin LLP)

A Scottish employment tribunal has held that an employer did not disadvantage more mature employees by including developmental needs in its selection criteria.

Rolls Royce plc v Unite the Union (Court of Appeal decision)

14 May 2009

Subjects Redundancy; Justification; Indirect Discrimination

Source (Lewis Silkin LLP)

The Court of Appeal has dismissed Rolls Royce's appeal against the High Court's decision that use of length of service as a criterion in redundancy selection is lawful.

MacCulloch v Imperial Chemical Industries plc (remitted Employment Tribunal case)

14 April 2009

Subjects Redundancy; Justification; Indirect Discrimination

Source (Lewis Silkin LLP)

This case was originally heard by an employment tribunal and its decision delivered in December 2007. An appeal against the tribunal’s decision was heard by the Employment Appeal Tribunal in July 2008.
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