In Rutherford and another v Secretary of State for Trade and Industry, the Court of Appeal holds that an employment tribunal erred in law in holding that the upper age limit default provisions in the Employment Rights Act 1996 relating to unfair dismissal and redundancy payments were indirectly discriminatory against men.
The Court of Appeal has upheld the EAT's decision that the statutory exclusion from employment rights for over-65s is lawful, in the most recent decision in the long-running case of Rutherford and another v Secretary of State for Trade and Industry (formerly against Harvest Town Circle Ltd and others).
This week's case round-up from Eversheds, covering the reduction of sick pay and victimisation claims on the basis of letters written.
Hilary Slater, consultant with Cobbetts solicitors, provides a round-up of employment tribunal decisions on discrimination.
In Crossley v Faithful & Gould Holdings Ltd the Court of Appeal holds that there is no implied contractual obligation for an employer to take reasonable care for its employees' economic wellbeing.
This week's case round-up from Eversheds, covering wrongful dismissals.
This week's case round-up from Eversheds, covering: entitlement to long-term disability insurance; and employment status.
A review of recent significant cases on practice and procedure in the employment tribunals and the EAT.
In Wall v British Compressed Air Society  IRLR 147 CA, the Court of Appeal held that an employee's contractual retirement age where he or she is the only employee in that position sets up a presumption that this is the normal retirement age.
HR and legal information and guidance relating to retirement.