Seldon v Clarkson, Wright & Jakes

By Antonio Chan | Employment Law

The Court of Appeal’s judgment in Seldon v Clarkson Wright & Jakes upholds the EAT’s decision that a policy to retire partners at 65 is justifiable as a proportionate means of achieving a legitimate aim. One of Mr Seldon’s main points of attack on appeal was that the Tribunal should have focused on whether the

Age discrimination

By James Medhurst | Employment Law

The decision of the Court of Appeal in Homer v West Yorkshire Police, largely upholds the decision of the Employment Appeal Tribunal in the same case. President Elias, as he then was, had stated that it is not indirect age discrimination to require an employee to have a degree where the time that it would

Holiday pay

By James Medhurst | Employment Law

The Supreme Court has referred the case of British Airways v Williams to the European Court of Justice to rule on whether it is a requirement of the Directive governing working time for airline pilots and, by extension, the Working Time Directive, for Member States to provide a minimum level of remuneration for periods of annual leave and, if so, how it should

Indirect discrimination

By James Medhurst | Employment Law

The case of Eweida v British Airways concerns a Christian woman who was disciplined by her employer for wearing a cross, contrary to its dress code. Her claim has been rejected for the third time, this time by the Court of Appeal. The main point in the appeal is the suggestion by Karon Monaghan QC that a policy

TUPE and Collective Agreements

By James Medhurst | Employment Law

The decision in Parkwood Leisure v Alemo-Herron is authority for the proposition that, following a TUPE transfer, an employee is not entitled to benefit from any changes to a collective agreement that are negotiated with the transferor after the transfer. The most interesting aspect of the case is its treatment of European law. The English authorities had developed

Employee’s entitlement to legal representation

By Rad | Employment Law

Where disciplinary proceedings could ultimately terminate an employee’s career, it is highly likely that s/he should be entitled to legal representation at the disciplinary hearing. In the case of The Governors of School X v G [2010] EWCA Civ 1, the Court of Appeal found that the employee in question was entitled to legal representation.
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