What are the rules surrounding menopause in the workplace?
The menopause has always been a sensitive subject. However, thanks to a few high-profile mentions and a recent government enquiry, it is now something that is starting to be better addressed by employers and the law. Impact of the menopause… Read on
What is positive discrimination?
There are legitimate steps you can take to ensure a more diverse workplace, but it’s important to understand what amounts to positive discrimination as well as how it differs from positive action. Defining positive discrimination Positive discrimination is the act… Read on
Can I be forced to retire?
The default age at which people used to retire was 65 years. However, there is no such thing as a ‘compulsory retirement age’ anymore. Theoretically, you can carry on working for as long as you want. However, there are some… Read on
Ageism is the UK’s Most Common Form of Discrimination at Work
Ageism has repeatedly been found to be the leading form of discrimination in the workplace, affecting both job applicants and workers. Individuals are protected by law against discrimination on the grounds of their age. With the proportion of mature workers… Read on
Age discrimination: Ben Power published in The Times law pages
Ben Power’s article “Age discrimination is still the same old problem” was published in the prestigious law pages of The Times newspaper on 2 August 2018. Ben’s article discusses the conundrum of balancing equality for older workers against fairness for… Read on
Discrimination to cost employers more from 6 April as compensation rises
From 6 April 2018, the compensation which successful claimants can recover in discrimination cases will increase as the “Vento guidelines” – which employment tribunals follow when deciding how much to award for injury to feelings – are amended to reflect… Read on
Changes to pension schemes discriminated against younger members
Two recent Employment Appeal Tribunal (EAT) decisions highlight how pension scheme changes can put younger employees at a disadvantage and be discriminatory on the grounds of age. Background When an employer makes changes to employees’ pension benefits it is… Read on
Discrimination: how far can business decisions be criticised?
In this case, West Midlands Police Force was initially criticised by the Employment Tribunal for making efficiencies by retiring service men and women over the age of 48. The Employment Tribunal said they were guilty of discrimination because there were… Read on
39% of over 50s prefer flexible working before retirement
Following the UK’s silver workforce gaining the right to request flexible working last summer (recap here), a Government poll just published shows that 39% of over 50s not currently retired said that working part time or flexible hours before stopping… Read on
Was compulsory retirement at 70 legal?
Yes, said the employment tribunal in White v Ministry of Justice. Background Mr White was a retired circuit judge. He claimed that the Ministry of Justice’s statutory requirement to retire at age 70 was age discrimination. He argued that, at… Read on
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
Silver workforce gain the right to request flexible working
From today, 30 June 2014, all employees with at least 26 weeks’ continuous service gain the right to request flexible working irrespective of child or dependent caring responsibilities. We anticipate employers will see a significant increase in requests particularly from… 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
Forcing early retirement unlawful
Was the police force allowed to retire a large number of its officers early to save costs? No, according to an Employment Tribunal in the recent case of Harrod v Midlands Police. Background In order to meet the government’s budget… Read on