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Homer v West Yorkshire Police - disadvantage due to impending retirement may seem unfair, but it is not age discrimination
Cases - Other - 27/04/10
Court of Appeal agrees with EAT: disadvantage to older staff (inability to reach highest pay band), which stems from a provision (the requirement to obtain a degree) applied to all staff, but which they are less likely to be able to meet due solely to their impending retirement, may seem unfair. However, it is not age discrimination. Were it otherwise any form of "universal" pay rise would arguably always be unlawful age discrimination as it would be of less benefit to older employees simply because they have less time left to be in employment. Subsequent note: On 28th July 2010 the Supreme Court gave Mr Homer leave to appeal to it against this Court of Appeal ruling.
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Zentralbetriebsrat der Landeskrankenhäuser Tirols v Land Tirol - holiday entitlement of workers moving from full to part time work
Cases - Other - 22/04/10
Amongst other points the Court of Justice of the European Communities has ruled (1) that provisions in the EU framework agreements on fixed-term work and part-time work are unconditional and sufficiently precise for individuals to be able to rely upon them before a national court - in other words, are directly applicable; and (2) that a reduction of working hours when moving from full-time to part-time employment cannot reduce the right to annual leave that the worker has accumulated during the period of full time employment.
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Shoesmith, R (on the application of) v Ofsted & Ors - judicial review proceedings - fairness
Cases - Other - 23/04/10
Baby Peter sacking was lawful, the High Court rules.
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North Cumbria Acute Hospitals NHS Trust v Potter & Ors, Court of Appeal, 22nd April 2010 - Equal Pay
Cases - Other - 22/04/10
In the long running North Cumbria NHS Trust case, the Court of Appeal has ruled that equal pay claims based on their original contracts were not out of time as the introduction of "Agenda for Change" did not mean the female claimants had started new contracts of employment.
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Equality Act 2010 - Explanatory Notes
Statutory Material - 23/04/10
Official expanatory notes to the Equality Act 2010 have been published.
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Birmingham council staff win millions over pay equality
Newspapers and BBC - 27/04/10
Around 5,000 primarily female Birmingham City Council employees have won an equal pay case at an employment tribunal.
www.emplaw.co.uk
Part of the Nova group
Part of the Nova group
