Tag Archives: age discrimination

UK: Indirect discrimination – Supreme Court ruling makes it easier for claimants to establish prima facie indirect discrimination

Employers should review whether their policies and practices could be disadvantaging employees with a particular protected characteristic. The Supreme Court has ruled that statistics showing a disparate impact may be enough to get an indirect discrimination claim off the ground; … Continue reading

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Filed under Jurisdiction: UK, Workplace culture, diversity and discrimination (including bullying and harassment)

Hong Kong: The labour policy promises of the new Chief Executive

On 26 March 2017, Carrie Lam Cheng Yuet-ngor was elected as the city's next (and first female) chief executive, after winning 777 votes from a 1,194-member election committee. In a 520-page manifesto, Carrie Lam set out her policy campaign including, … Continue reading

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Filed under International mobility (including secondments, migrant workers, territorial jurisdiction), Jurisdiction: Asia, Redundancy

Singapore: Amendments to the Retirement and Re-employment Act

On 9 January 2017, the Parliament of Singapore passed the Retirement and Re-employment (Amendment) Bill 2016 (Bill). The Bill abolished employers' right to reduce the salary of workers who reach the age of 60, and introduced a provision which exempts … Continue reading

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Filed under Jurisdiction: Asia, Remuneration (including bonus and incentive plans)

UK: Voluntary redundancy – excluding employee eligible for early retirement is prima facie age discrimination

The EAT has confirmed that excluding an employee who is eligible for early retirement from voluntary redundancy, due to the higher severance costs, is prima facie discrimination on grounds of age. The employer could not argue that the reason, severance … Continue reading

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Filed under Jurisdiction: UK, Redundancy, Workplace culture, diversity and discrimination (including bullying and harassment)

UK: Appeal news – tribunal fees, unfair dismissal compensation cap, retirement age

UNISON has been granted permission to appeal to the Court of Appeal in its judicial review application challenging the introduction of tribunal fees, summarised here. Last year the upper limit on the unfair dismissal compensatory award was varied to the lower … Continue reading

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Filed under Employment-related claims- procedure and form, Jurisdiction: UK, Workplace culture, diversity and discrimination (including bullying and harassment)

UK: New publications – subject access requests, tribunal claim statistics, age discrimination in provision of services

The Information Commissioner's Office has updated its Code of Practice on handling subject access requests, available here.

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Filed under Data protection and privacy, Employment-related claims- procedure and form, Jurisdiction: UK, Resources, Workplace culture, diversity and discrimination (including bullying and harassment)

UK: Enhanced redundancy pay – risk of age discrimination claims

Employers should carefully consider whether enhanced redundancy schemes paying more to older workers can be justified. The ECJ has ruled that a Danish scheme for civil servants which excluded those aged 65 or over and therefore eligible for pension (but … Continue reading

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Filed under Jurisdiction: UK, Redundancy, Workplace culture, diversity and discrimination (including bullying and harassment)

UK: New resources

The Information Commissioner's Office has published a code of practice on dealing with subject access requests. Age Action Alliance has published a new employer resource and associated leaflet to provide employers with practical solutions for managing a healthy and productive … Continue reading

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Filed under Data protection and privacy, Jurisdiction: UK, Resources

UK: Age discrimination – partnership mandatory retirement age of 65 lawful

Readers will be aware of the Supreme Court ruling in Seldon v Clarkson Wright & Jakes that a mandatory retirement age of 65 in a law firm partnership was potentially justifiable to achieve the legitimate aims of staff recruitment and … Continue reading

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Filed under Jurisdiction: UK, Workplace culture, diversity and discrimination (including bullying and harassment)

UK: Indirect age discrimination: applying new policy to existing staff may not be justified

The introduction of a new policy, such as qualification requirements for a particular job, can potentially amount to indirect discrimination in relation to a protected characteristic such as race or age.  If so, employers need to establish a legitimate aim … Continue reading

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Filed under Jurisdiction: UK, Workplace culture, diversity and discrimination (including bullying and harassment)