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Written by Employment Law Newsletter
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Tuesday, 01 May 2012 00:00 |
Since the default retirement age was abolished in April 2011, employers wishing to have a compulsory retirement age need to objectively justify it. But how easy is this? Priya Chanda examines recent key cases, the extent to which an employer can use costs savings as part of the justification defence, the issue of combined discrimination where older women are concerned and highlights key practical points for employers
Objective justification
The Equality Act 2010 allows employers to justify some forms of discrimination where the employer can show they have adopted a "proportionate means" of achieving a "legitimate aim." This is known as "objective justification", a concept deriving from EU law. Unlike the other protected characteristics under the Equality Act 2010, both direct and indirect age discrimination can be objectively justified (as opposed to just indirect discrimination).
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Read more...
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Written by Employment Law Newsletter
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Tuesday, 01 May 2012 00:00 |
Has TUPE 2006 provided the intended certainty and averted the frequent wrangles that were a feature under the previous regulations in service provision change cases? Jane Klauber investigates
Regulation 3(1)(a) and (b) of the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) define a relevant transfer for TUPE purposes as either:
- A transfer of an undertaking, business or part of an undertaking or business situated immediately before the transfer in the UK to another person where there is a transfer of an economic entity which retains its identity.
- A service provision change (SPC) in which: activities cease to be carried out by a person (the client) on his own behalf and are carried out instead by another person on the client’s behalf (the contractor); activities cease to be carried out by a contractor on a client’s behalf and are carried out instead by another person (a subsequent contractor); or activities cease to be carried out by a contractor or a subsequent contractor on a client’s behalf and are carried out instead by the client on his own behalf.
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Read more...
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Written by Employment Law Newsletter
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Tuesday, 01 May 2012 00:00 |
Planned employment law changes laid out in the Queen's Speech have drawn mixed reactions.
The Enterprise and Regulatory Reform Bill includes plans to reform the employment tribunal system with the introduction of fees for claimants and efforts to ensure fewer bogus claims are considered. The Children and Families Bill meanwhile, proposes measures to make parental leave more flexible.
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Read more... [Mixed reaction to Queen's Speech]
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Written by Employment Law Newsletter
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Tuesday, 01 May 2012 00:00 |
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Two night-shift workers who were dismissed after being discovered asleep on duty were not automatically unfairly dismissed, the Employment Appeal Tribunal (EAT) has ruled.
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Read more... [EAT rules on sleeping night workers]
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Written by Employment Law Newsletter
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Tuesday, 01 May 2012 00:00 |
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Two age discrimination cases heard by the Supreme Court have been referred back to the employment tribunal (ET) to assess whether the actions of the defendants were "justified as a proportionate means of achieving a legitimate aim".
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Read more... [Supreme Court rules on age cases]
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Each month expert contributors provide commentary and analysis on a variety of subjects including employment rights, discrimination and health and safety. regular materials news, legislation updates and crucial cases.
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