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Article

Kennedys Law LLP | United Kingdom | 26 Sep 2011

Annual employment tribunal statistics published

The statistics relating to Employment Tribunal and Employment Appeal Tribunal activity for the year 20102011 have been published.

Article

Kennedys Law LLP | United Kingdom | 27 Jul 2011

Striking out discrimination claims on the grounds of no reasonable prospects of success

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

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 | 31 Oct 2009

Retirement at 65 is still lawful, says the High Court

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.

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 | 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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