Forced retirement at 65 legal?

In this judgment – probably the final chapter of the long-running Seldon case – the EAT held that the compulsory retirement age at 65 could be justified, and therefore legal. Background Because compulsory retirement at the age of 65 amounts… Read on

Financial penalty for employee possible

Was the employer legally entitled to charge an employee an amount of money for not working their notice, in addition to not paying them for his time? Yes, according to the Employment Appeal Tribunal in Li v First Marine Solutions Read on

Football referee an employee?

Should a football referee be considered an employee under the Employment Rights Act 1996? No, according to the Employment Appeal Tribunal, in the recent case of Conroy v the Scottish Football Association. Background In this case Mr Conroy, the… Read on

Seller liable for buyer’s failure under TUPE transfer

The Employment Appeal Tribunal in Allen and others v Morrisons Facilities Ltd June 2014, has confirmed that employees affected by the proposed transfer of business have no right to sue the proposed buyer direct for the buyer’s failure to provide… Read on

Holiday pay should include commission

Should the statutory holiday pay include an element for commission, even though this is not allowed under the Employment Rights Act 1996? Yes, according to the European Court of Justice, in the case of Lock-v- British Gas. Background In this… Read on

Further challenge to tribunal fees allowed

The trade union UNISON is continuing its battle through the courts to challenge the Tribunal fees introduced by the government recently. UNISON say that the fees break EU law by denying access to justice. Their first challenge was not successful,… Read on

Is selecting by academic ability discrimination?

Did the civil services core skills assessment (CSA) indirectly discriminate against black and minority ethnic (BME) candidates, who are statistically less likely to pass it? Yes, said the Employment Appeal Tribunal, in the case of Essop-v-Home Office (Border Agency). This… Read on