Search results
Order by most recent / most popular / relevance
Results: 1-10 of 50
Compulsory retirement falls within the scope of the Equal Treatment Framework Directive
- Kennedys
- -
- United Kingdom
- -
- May 12 2009
The European Court of Justice ("ECJ") has recently held that national rules establishing compulsory retirement provisions do fall within the ambit of the Equal Treatment Directive
EAT judgment on the meaning of disability
- Kennedys
- -
- United Kingdom
- -
- May 12 2009
In the recent case of Chief Constable of Dumfries & Galloway Constabulary v Adams, the EAT gave judgment on what constituted a normal day-to-day activity for the purposes of defining disability under the Disability Discrimination Act
Length of service can lawfully form part of selection criteria for redundancy
- Kennedys
- -
- United Kingdom
- -
- June 8 2009
In a recent decision the Court of Appeal held that, although using length of service as a criterion to select employees for redundancy does constitute indirect age discrimination within the terms of Regulation 3 of the Employment Equality (Age) Regulations 2006, it can be objectively justified as a proportionate means of achieving a legitimate aim
Effective date of termination was when employer stopped paying salary
- Kennedys
- -
- United Kingdom
- -
- May 12 2009
Back in November we reported the case of Radecki v Kirklees Metropolitan Borough Council where the EAT held that the removal of Mr Radecki from the Council's payroll, even with his knowledge and arguably his consent, did not in itself terminate the employment relationship
Motive for discrimination
- Kennedys
- -
- United Kingdom
- -
- September 21 2009
The Employment Appeal Tribunal has confirmed that an employer’s well-intentioned motives are not relevant to the issue of whether there has been unlawful direct discrimination
Dismissing employees by post
- Kennedys
- -
- United Kingdom
- -
- September 21 2009
Exactly when an individual’s employment terminates can be a key issue; it will affect whether an employee has enough qualifying service to be eligible to pursue a claim of unfair dismissal and whether an employee has lodged an Employment Tribunal claim within the relevant time limits
Unofficial industrial action dismissals
- Kennedys
- -
- United Kingdom
- -
- September 21 2009
A number of employees dismissed at a time of unofficial industrial action against their employer have failed in their unfair dismissal actions
Non-payment of a tribunal award: in itself a discriminatory act?
- Kennedys
- -
- United Kingdom
- -
- June 8 2009
The Court of Appeal recently heard a case where a former employee complained that the employer's failure to pay up after it lost a claim of race discrimination (and unfair dismissal) was itself an act of discrimination - specifically, victimisation
EAT gives guidance on meaning of "harassment" in discrimination
- Kennedys
- -
- United Kingdom
- -
- March 6 2009
In the recent case of Richmond Pharmacology v Dhaliwal, the Employment Appeal Tribunal took the opportunity to provide guidance on the meaning of "harassment" in discrimination law
Invitations to dismissal hearings must specifically state that dismissal is contemplated
- Kennedys
- -
- United Kingdom
- -
- March 6 2009
The EAT has stressed the importance of expressly stating the fact that dismissal is contemplated in step 1 letters pursuant to the statutory dismissal and disciplinary procedures
Current Search
- Jurisdiction - United Kingdom
- Workarea - Litigation
- Workarea - Employment & Labor
- Firm Name - Kennedys
- Author - Allan Finlay
- Author - Matthew Leake