The statistics relating to Employment Tribunal and Employment Appeal Tribunal activity for the year 20102011 have been published.
In the recent case of Community Law Clinic Solicitors v Methuen the Employment Appeal Tribunal considered the test for whether a claim should be struck out at the pre-hearing review stage of Employment Tribunal proceedings as having no reasonable prospect of success
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.
The 20092010 Annual Statistics for the Tribunals Service were published at the end of last month.
The High Court has handed down its long-awaited decision in the Heyday case (R (on the application of Age UK) v Attorney General) and has concluded that the UK’s default retirement age of 65 is lawful.
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.
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.