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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 | 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 | 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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