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Pay and benefits Cases

Hennigs v Eisenbahn-Bundesamt and Land Berlin v Mai (CJEU decisions)

08 September 2011

Subjects Justification; Pay and benefits; International case

Source (Lewis Silkin LLP)

In these joined decisions, the CJEU has held that a term in a collective agreement which provides that the pay of a public sector employee is determined by reference to their age is unlawful.

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.

Johnson v The Cabinet Office and Ministry of Defence (Pension Ombudsman decision)

24 January 2011

Subjects Pay and benefits; Pensions

Source (Lewis Silkin LLP)

The Pension Ombudsman rules that tapering of a lump sum payment under the Civil Service Compensation Scheme was in breach of the Employment Equality (Age) Regulations 2006.

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.

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.

Hütter v Technische Universität Graz

18 June 2009

Subjects Justification; Pay and benefits; International case

Source (Lewis Silkin LLP)

The ECJ rule that an Austrian law which mandated lower pay for younger civil servants not proportionate and therefore not justified under the Framework Directive.

Dr S Hung v Kellogg Brown & Root (UK) Limited and Halliburton Company

24 October 2008

Subject Pay and benefits

Source (Lewis Silkin LLP)

An employee of a UK subsidiary may only claim age discrimination under a share plan operated by an overseas parent if the overseas parent has aided and abetted an act of unlawful age discrimination by the UK subsidiary.

Sharma v Millbrook Beds Ltd

02 October 2008

Subjects Justification; Pay and benefits; Dismissal

Source (Lewis Silkin LLP)

Sharma v Millbrook Beds Ltd involved an employer whose attempts to reduce the risk of a claim backfired.

Swann v GHL Insurance Services UK Ltd

02 October 2008

Subjects Justification; Pay and benefits

Source (Lewis Silkin LLP)

This is the first reported age discrimination case dealing with the thorny issue of flexible benefits schemes; in particular the implication of age-related premiums in the private medical insurance component of such a scheme.

Bloxham v Freshfields Bruckhaus Deringer

30 September 2008

Subjects Justification; Pay and benefits; Pensions

Source (Lewis Silkin LLP)

A tribunal has ruled that a law firm did not unlawfully discriminate on age grounds when it reformed its partner pension scheme - even though the extent of partners’ losses depended on their age.

Cadman v Health and Safety Executive

03 October 2006

Subjects Justification; Pay and benefits; International case; Indirect Discrimination

Source (Lewis Silkin LLP)

In general, employers do not need specifically to justify using length of service to calculate pay, according to the ECJ in Cadman v Health and Safety Executive.