Age discrimination challenges - the end?
The issue as to whether mandatory retirement ages are inconsistent with the Equal Treatment Directive has now been considered by the ECJ in reference to another case. The ruling was sought by the Spanish Court in the case of Palacios de la Villa v Cortefiel Servicios SA.
Age discrimination - changes to benefits
Unlike other forms of discrimination, such as race or sex discrimination, the Employment Equality (Age) Regulations 2006 do allow a defence of justification in cases of direct discrimination, where this is ‘a proportionate means of achieving a legitimate aim’.
Agency workers - employment status: cases on hold
The President of Employment Tribunals has issued a Practice Direction staying all agency worker cases until the Court of Appeal hands down its judgment in the case of James v Greenwich Borough Council.
Is a director an employee?
Whether or not a shareholder and director is an employee, within the meaning of section 230 of the Employment Rights Act 1996 (ERA), for the purposes of a claim for statutory redundancy payment from the Secretary of State for Trade and Industry when a company is insolvent, can be difficult to Two ascertain.
Consultation on collective redundancies
The Employment Appeal Tribunal has ruled that the obligation on an employer, under section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992, to consult over collective redundancies extends to consultations over the reasons for the closure of a business.
Disability discrimination - awareness of disability
In Jama v Alcohol Recovery Project the Employment Appeal Tribunal examined the question as to what action an employer must take to gain knowledge of an employee’s disability once they have been put on notice that the employee may be suffering from an illness
Disability discrimination - employers' obligations
A question which has sometimes arisen is whether or not a failure to consult a disabled employee regarding possible adjustments that could be made is in itself a failure to make a reasonable adjustment.
TUPE - latest cases
Two TUPE cases: variation of terms and right to object to a transfer
Employment bill
The Employment Bill had its first reading in Parliament on 6 December 2007. As expected, this will repeal the statutory dispute resolution procedures, which came into force in October 2004.
Rastafarian loses discrimination claim
A man has lost his appeal to the Employment Appeal Tribunal (that he was the victim of indirect discrimination because he is a Rastafarian and wears his hair in dreadlocks.
Music while you work
If you allow your staff to listen to music whilst working, the Performing Rights Society has warned that you could be liable to pay a licence fee.
Immigration: tougher penalties for hiring illegal workers
The Government has introduced new measures aimed at preventing illegal working in the UK. Under a new system of civil penalties, employers who negligently hire illegal workers could face a maximum fine of £10,000 for each illegal worker found at a business. If employers have knowingly hired illegal workers they could incur an unlimited fine and be sent to prison.