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12 results found

Article

Kennedys Law LLP | United Kingdom | 30 Jul 2010

Equality Act update

In the June edition of our Employment Briefing, we reported on the Equality Act 2010.

Article

Kennedys Law LLP | United Kingdom | 30 Jul 2010

A cap on contractual redundancy payments did not amount to age discrimination

In the recent case of Kraft Foods v Hastie the EAT held that a cap on how much employees could receive under a contractual redundancy scheme was a proportionate means of achieving a legitimate aim, and therefore did not amount to a contravention of the Employment Equality (Age) Regulations 2006.

Article

Kennedys Law LLP | United Kingdom | 30 Jul 2010

Employment tribunal claims at their highest ever levels

The 20092010 Annual Statistics for the Tribunals Service were published at the end of last month.

Article

Kennedys Law LLP | United Kingdom | 30 Jun 2010

Equality Act: all change?

Although there has been much uncertainty about the future of the Equality Act following the recent election, the Government Equalities Office has announced that the Government is currently considering how the different provisions of the Act will be commenced so that the Act is implemented in an "effective and proportionate way".

Article

Kennedys Law LLP | United Kingdom | 29 Apr 2010

Employees entitled to recover compensation for injury to feelings despite lack of knowledge of discrimination

In the recent case of Taylor v XLN Telecom Ltd the Employment Appeal Tribunal held that the Claimant was entitled to recover for injury to feelings and personal injury attributable to dismissal even though the Claimant had not previously attributed such injury to knowledge of discrimination.

Article

Kennedys Law LLP | United Kingdom | 31 Mar 2010

Employer cleared of aiding discrimination

In May & Baker Ltd ta Sanofi-Aventis Pharma v Okerago the EAT overturned the Tribunal's decision that an employer was liable for discrimination by an agency worker.

Article

Kennedys Law LLP | United Kingdom | 21 Sep 2009

Motive for discrimination

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.

Article

Kennedys Law LLP | United Kingdom | 8 Jun 2009

Length of service can lawfully form part of selection criteria for redundancy

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.

Article

Kennedys Law LLP | United Kingdom | 8 Jun 2009

Non-payment of a tribunal award: in itself a discriminatory act?

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.

Article

Kennedys Law LLP | United Kingdom | 12 May 2009

Compulsory retirement falls within the scope of the Equal Treatment Framework Directive

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.

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