Tag Archives: Age Discrimination

Corporate discrimination claims become a reality in the UK – can this really be what Parliament intended?

Back at the end of July we noted the decision of the Liverpool Employment Tribunal in Gerry Abrams Limited –v- EAD Solicitors LLP that a limited company could claim age discrimination.  That rather surprising conclusion then went off to the Employment Appeal Tribunal which has just found in unassailably clear terms that this is correct … Continue Reading

UK’s Coronation Street looks to employment law for next storyline

One of the bastions of British soap opera has seemingly become tired of your run-of-the-mill torrid affaire/grisly murder/dodgy dealings stories and for a bit of dramatic spice has turned instead to the world of employment law. While as lawyers we already know that there is little which makes more compelling viewing than a juicy discrimination … Continue Reading

30 years old and on the scrapheap; are professional football clubs defying the UK’s age discrimination laws?

So there I was, happily watching one of those television shows where journalists sit around a table and talk earnestly about football when suddenly off the conversational subs’ bench leaps a real employment law issue. The reference was made by Henry Winter (Daily Telegraph Football Correspondent), who claimed that he receives emails on a regular … Continue Reading

Greater than Eight for the Eighth

Layoffs and terminations bring a host of potential problems, especially when a protected class such as age is involved. The Age Discrimination in Employment Act (ADEA) prohibits employers from discriminating against older employees in favor of younger ones. The case the Eighth Circuit was confronted with this issue on December 4, 2013 in Hilde v. … Continue Reading

Teenage kicks – when the truth hurts

So is it age discrimination to called a teenage employee a “teenager”?  All a question of context, the Employment Tribunal decided in Roberts –v- Cash Zone (Camberley) Limited last month, a ruling which also sheds some side-light on the use of other potentially discriminatory terms in the workplace.   Ms Roberts was 18 when dismissed by … Continue Reading

We are not amused by serial litigants

Mr Bentley described himself as a ‘photographer and entertainer’ in the claim forms that he presented to various Employment Tribunals.  However, a more accurate description of his career, according to a recent case in the Employment Appeal Tribunal, might as well be ‘serial pursuer of hopeless cases’. Mr Bentley’s modus operandi was to offer his … Continue Reading

Sixth Circuit Clarifies “Honest Belief” Standard in Age Discrimination Case

As recently reported on the Squire Sanders’ Sixth Circuit blog, the Sixth Circuit recently clarified its jurisprudence on the “honest belief” standard. Resuscitating Plaintiff-Appellant Johnnie Brooks, [pdf] Jr.’s (“Brooks”) claim under the Age Discrimination Employment Act, 29 U.S.C. § 621 et seq., (“ADEA”) the Sixth Circuit reversed the lower court, finding Brooks established a prima facie … Continue Reading

Proposed legislation seeks to ease Plaintiffs burden in federal age discrimination claims.

A bipartisan group of three United States Senators recently introduced legislation designed to overturn the United States Supreme Court’s 2009 decision in Gross v. FBL Financial, Inc.  The bill, titled the Protecting Older Workers Against Discrimination Act, would amend the Age Discrimination in Employment Act (ADEA) as well as other federal anti-discrimination laws and provide … Continue Reading

Recruiting in, like, your own image, basically

There is always a point in life when you suddenly realise that you have become your own father.  You will see it coming – you begin to ask for the music to be turned down in restaurants, order the starter portion only and find the way much younger people speak increasingly irritating. I was interviewing … Continue Reading

Age of uncertainty – revisions to retirement rules?

More hot news from the Department of Cheap Political Gestures earlier this week.  Under the not even remotely inflammatory headline “Old Slackers Face the Boot” the Evening Standard Evening Standard – Politics RSS feed reports somewhat vaguely on new Government proposals to help employers with the tricky issue of raising retirement with their older staff.  … Continue Reading

Abolition of default retirement age

From 6 April the UK Government has abolished the default retirement age of 65. This is good news and bad. The good news is that employers will be able to retain a fixed retirement age if they can justify it. The bad news is that this is more or less impossible. Our enquiries of our … Continue Reading

Hey, good looking – the ugly face of discrimination

An advertisement for a well-known pizza brand running on UK television at the moment leads the employment lawyer in us all (me, anyway) to consider the potential pitfalls of “look-ism” for employers. Dealing with that advert, to start. For the uninitiated, it starts with a slow-pan shot of a group of unnaturally good-looking and fearsomely … Continue Reading