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15 results found

Article

Herbert Smith Freehills LLP | United Kingdom | 3 Apr 2012

Round-up of employment law developments in March 2012

Employers must establish some legitimate reason other than saving costs in order to justify discrimination.

Article

Herbert Smith Freehills LLP | United Kingdom | 7 Jun 2011

Statutory default retirements: pre-6 April notices may be invalid

Employers who gave notice to retire employees under the old statutory default retirement age regime in the months running up to 6 April may be in for a nasty surprise: their notices of intended retirement may have been invalid.

Article

Herbert Smith Freehills LLP | United Kingdom | 9 Aug 2010

Age discrimination: Court of Appeal relaxes test for justifying a retirement age

Employers seeking to justify the use of a retirement age may have more latitude than previously thought, as they will not need to show a public interest objective.

Article

Herbert Smith Freehills LLP | United Kingdom | 9 Aug 2010

Age discrimination and enhanced redundancy pay schemes: cap based on service to retirement age was lawful

It is lawful to cap enhanced redundancy payouts at the total salary the employee would have received had they remained employed until the normal retirement age of 65.

Article

Herbert Smith Freehills LLP | United Kingdom | 6 May 2010

Age discrimination: challenge to degree requirement unsuccessful

A requirement for a degree is not intrinsically age discriminatory against employees aged 60-65 simply because they would not have time to acquire a degree prior to reaching normal retirement age.

Article

Herbert Smith Freehills LLP | United Kingdom | 5 Feb 2010

Age discrimination: ECJ decision heralds possible challenge to unfair dismissal basic awardSRPrules

The ECJ has ruled that a German law disregarding years of service while aged under 25 when calculating statutory notice entitlement is unlawful age discrimination.

Article

Herbert Smith Freehills LLP | United Kingdom | 6 Jan 2010

Indirect discrimination: no claim where change between non-discriminatory policies

Employers can change from one non-discriminatory policy to another, even if the group to whom the less generous policy applies happens to be predominantly of a different gender, race, age group etc to those benefiting from the more generous policy.

Article

Herbert Smith Freehills LLP | United Kingdom | 23 Dec 2009

Top 5 employment law appeals expected in 2010

The Court of Appeal is due to give its judgment as to whether, if an employee's contract provides that pay is set by collective agreements negotiated by the transferor and union from time to time, this will continue to apply even after the employees have transferred under TUPE to a transferee.

Article

Herbert Smith Freehills LLP | United Kingdom | 23 Dec 2009

Top 10 employment law cases 2009

Employers can continue to rely on the default retirement age of 65 - for the time being.

Article

Herbert Smith Freehills LLP | United Kingdom | 4 Dec 2009

Age discrimination: pay scheme not automatically justified by union approval

Employers wishing to retain a discriminatory pay scheme are well advised to seek union approval for the scheme, but this will not in itself guarantee that the scheme is justified.

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