Search results for Justifying discrimination and the importance of proportionality
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Justifying discrimination and the importance of proportionality
© Workplace Law Group 2008 All rights reserved Justifying discrimination and the importance of proportionality Justifying discrimination and the importance of proportionality Two recent Employment Appeal Tribunal cases, MacCulloch v. Imperial Chemical Industries PLC (2008), and Loxley v. BAE Systems Land Systems (2008), have highlighted the importance of proportionality when an employer seeks to justify ag...
News analysis | 13 Aug 2008
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ETs on the rise
... and interactive one-day course heALth And sAFety And enViROnMent uPdAte 07 NEWS Fit note changes reveal those assessed are overwhelmingly being found fit and able to look for a job; and calls for compulsory health and safety performance reporting. 27 15 COMMENT 40 years of the Equal Pay Act, but discrimination cases continue, argues Ben Collingwood. amongst FM professionals who want to link up with contacts from similar organisations, says Sarah Wray. 22 EAT: The Court of Appeal has set out important guidelines that could significantly increase the level of compensation payments in discrimination claims...
Magazine issue | 1 Sep 2010
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Internships – Are you breaking the law?
...acing the future. 06 LEGAL CALENDAR Key legislative dates for 2011. heaLth and saFety and enViROnMent uPdate 07 NEWS HSE delivery plan includes charging regime from April 2012; and the Waste Regulations 2011 have now taken effect in England and Wales. 9 15 COMMENT The Equality Act's `costly dual discrimination rules' have been dropped by the Government as part of a drive to cut down on red tape, but does that expose employees to harassment? asks Smair Soor. groups, but will new positive action legislation change all that? asks Laura Allner. 24 Corporate Manslaughter and Corporate Homicide Act 2007, is f...
Magazine issue | 3 May 2011
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The Social Network – 12 years of the Workplace Law Conference
workplacelaw The exclusive magazine for premium members of the Workplace Law Network The NeTWORK 12 years of the Workplace Law conference inside this issue MAR/APR 2011 Issue 59 Comment: New employment lawyer group addresses sexual orientation discrimination. Page 45 Legal update: Essential guide to proposed changes to Employment Tribunals. Page 16 Blow for freedom? The challenge facing employers with whistleblowers following the Wikileaks scandal. Page 27 CPd Ahead of session at this year's conference, a guide to FM contracts. Good job Neil McDiarmi...
Magazine issue | 1 Mar 2011
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I don’t believe it: Update on religion and belief discrimination
© Workplace Law Group 2009 All rights reserved I don't believe it: Update on religion and belief discrimination I don't believe it: Update on religion and belief discrimination Introduction There have been a spate of Employment Tribunal discrimination claims in recent months on the grounds of religion and belief, and these are unlikely to decrease following the amendments to the Employment Equality (Religio...
News analysis | 24 Jun 2009
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Soap star: The hygiene special issue
... public sector, this is likely to be a sensitive issue in the planning and use of public buildings. For anyone undertaking new build or refurbishment projects, accessible toilet provision is something you will need to consider under part m of the building regulations as well as under the Disability Discrimination act 1995 (as amended). but there is a move to push the boundaries further by adopting what might be described as a 21st century approach to accessibility. Jim taylor explains about Changing places toilets on p. 22. along with features on legal issues in monitoring staff on `comfort' breaks (p. 12) ...
Magazine issue | 3 Mar 2009
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The MacCulloch case: the discriminatory impact of enhanced redundancy schemes
...T did reject one of the arguments put forward by the company as a potential justification, namely the fact that the redundancy scheme was contractual and that the company was obliged to honour its contractual commitments. Neither the tribunal nor the EAT was persuaded that this fact was capable of justifying a discriminatory scheme.ProportionalityAlthough happy that the tribunal had correctly identified a number of legitimate aims supporting the redundancy scheme, the EAT held that the tribunal had failed to go on and consider whether the age and service based elements of the scheme were proportionate ...
Case | 29 Jul 2008
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Conflict of discriminations?
© Workplace Law Group 2008 All rights reserved Conflict of discriminations? Conflict of discriminations? As the number of grounds upon which discrimination is prohibited increases, so too does the potential for those grounds to conflict with each other. This issue has been touched upon previously by the courts and can be highly sensitive and difficult for employers t...
News analysis | 1 Aug 2008
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Is a policy regarding personal relationships in the workplace appropriate?
...e of the employees involved (eg. change in reporting line, additional reporting or transfer). In the recent case of Faulkner v. The Chief Constable of Hampshire Constabulary, the Employment Appeals Tribunal (EAT) looked at whether an employer can justify having such a policy in the context of a discrimination claim. The facts The Claimant (a Police Constable) was in a relationship with her line manager, a Police Sergeant at the same station. The Constabulary had a policy providing that partners should not have supervisor/subordinate roles. The rationale for the policy was also set out in the p...
Case | 25 Jun 2007
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Age discrimination - justification of compulsory retirement at 65
Two Employment Tribunals have handed down judgments reaching different conclusions on whether compulsory retirement at 65 amounts to discrimination on grounds of age. There is an exception to unlawful discrimination in the Employment Equality (Age) Regulations 2006 for retirement at 65 or over but this applies only to ‘employees’ and not to partners or office-holders. Their retirement at a particular age must therefore be objectively justi...
Case | 6 Feb 2008
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3 strikes and your fire's not out!
...s advisors told Dale Collins he should become a weatherman he would never get in anywhere to study law. Today he is a successful health and safety solicitor, HSE prosecutor, and Workplace Law Network advisor. 08 CASE LAW n Requirement for tidy hair is not discriminatory n Should DDA incorporate discrimination by association? TECHNICAL 28 LEGAL UPDATE In-depth technical guidance on: Transfer of undertakings 2006: solutions in outsourcing; Age discrimination the first year; and Compulsory retirement in the light of Palacios. COMMENT 07 MANAGING COGNITIVE IMPAIRMENTS IN EMERGENCY SITUATIONS Few have b...
Magazine issue | 8 Nov 2007
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Staring objective justification in the face
...move her full-face veil at work, we've now received this in-depth analysis from Bond Pearce LLP. Casting our minds back to last autumn, few will forget the level of press attention sparked by the case of Azmi v Kirklees Metropolitan Council – a female Muslim teacher who brought various claims of discrimination against her employer when they objected to her wearing a veil during lessons. At around the same time, comments made by Jack Straw MP and Tony Blair PM in protest against Muslim women wearing the full veil in public brought added tension and backlash to the debate. This week, the case has retur...
Case | 11 Apr 2007
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The sex issue
workplacelaw know-how to manage your workplace MAY 2006 ISSUE 17 Sex discrimination Sexual orientation discrimination HIV/AIDS discrimination Highly commended: PPA Magazine of the Year 2005 interactive business and professional Highly commended: AOP Online Publisher of the Year 2005 - business IN EVERY ISSUE: EMPLOYMENT LAW, HEALTH & SAFETY, PREMISES MANAGEMENT workplacelaw...
Magazine issue | 1 May 2006
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Has the HSE lost its bite?
... even older. Do we then need to consider dementia as part of the risks when we send older surveyors out? If this does become an issue, then what do we do with the staff who no longer can do the Fieldwork? I expect that any attempt to remove them through poor performance would attract disability and discrimination charges. Julian Davis, Health and Safety Consultant Ordnance Survey When Workplace Law Network featured a story about first aid in the workplace it prompted comments from several members surrounding the question of whether workplace first aiders should use their skills on members of the public, inc...
Magazine issue | 1 Apr 2006
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Directors' responsibilities for health and safety
...tant case rulings influencing workplace management 28 TECHNICAL UPDATE In-depth practical guidance on COSHH, the Road Transport Directive and fire regulations Our panel of legal advisors solve your workplace problems Research reveals businesses have a long way to go to comply with the Disability Discrimination Act Part III www.istockphoto.com workplacelaw 3 workplace law MAGAZINE Editor Sub-editor Design Photography Kelly Mansfield T. 01223 431 054 Ian Faulkner Isla Jordan Jules Dann Getty Images istockphoto.com Advertising sales Publisher Contributors Ben Daft T. 01223 431 060 David Sharp T. 01...
Magazine issue | 1 Feb 2005
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Primetime for ageism at the BBC?
© Workplace Law Group 2011 All rights reserved Primetime for ageism at the BBC? Primetime for ageism at the BBC? The high profile case of O'Reilly v. British Broadcasting Corporation and another (ET/2200423/10) raised interesting comments relating to `combined discrimination' and `positive discrimination'. The case was widely reported in the press and Ms O'Reilly was successful in her age discrimination claim against the BBC. This briefing reviews the law behind the decision and highlights the useful points to take from the case. Background Ms O'Reilly was one of the ...
News analysis | 25 Jan 2011
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Age-related redundancy was justified on money-saving grounds
The Employment Appeal Tribunal (EAT) has handed down its decision in a ruling on whether employers can objectively justify age discrimination in a redundancy situation. Mr Woodcock was Chief Executive of North Cumbria Primary Care Trust and was made redundant following the merger of a number of Primary Care Trusts (PCTs) in the area. He claimed that his dismissal amounted to direct age discrimination as notice to terminate his employ...
Case | 15 Nov 2010
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Court of Appeal upholds landmark ruling on age discrimination against Rolls Royce
Unite the Union, Britain's biggest union, has today (14 May 2009) succeeded in securing a landmark judgment from the Court of Appeal against Rolls Royce in one of the first cases on age discrimination to be considered by the higher courts. The Court of Appeal handed down its landmark judgment upholding Unite's resistance to an appeal by Rolls Royce against the decision of the High Court which declared that the use of length of service as one of a number of redundancy selection criteria was not...
Case | 14 May 2009
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Use of length of service as a selection criterion for redundancy
In the recent High Court case of Rolls Royce Plc v. Unite the Union (2008), the Court considered whether it was lawful to use length of service as a selection criterion, despite this being indirect age discrimination. This case was slightly unusual though, partly being heard in the High Court rather than the Employment Tribunals, and also in part turned on its facts. As such it needs to be handled with some caution.FactsThe case was, unusually, brought by the employer (Rolls Royce) who applied to the High Court...
Case | 12 Nov 2008
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Age-related redundancy scheme could not be justified, says Tribunal
...ployers who base their redundancy scheme on the statutory scheme but who are more generous. Redundancy schemes which do not mirror the statutory scheme and so do not fall within the exemption may be discriminatory on the ground of age have to be objectively justified to avoid direct or indirect age discrimination.The test is the same in either case. The discriminatory treatment or provision must be a “proportionate means of achieving a legitimate aim”.NSCL had a history of enhancing statutory redundancy payments so its employees received three weeks’ gross pay for each year of service when they were a...
Case | 6 Oct 2008
