A valid defence for an age discrimination claim linked to an enhanced redundancy scheme?
The case of Heron v Sefton Metropolitan Borough Council considered whether there was any defence to an age discrimination claim regarding an enhanced redundancy scheme.
Legally, an employer cannot discriminate against someone due to age unless it demonstrates (i) a legal exception (‘statutory authority defence’) or (ii) it is legally justified.
An employer will be exempt from liability if it has no option but to discriminate in order to comply with ‘a requirement of an enactment’…
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Obesity is estimated to affect around one in four UK adults. The EU advocate-general’s recent non-binding opinion may give rise to significant implications for employers.
The fact that an employee is on sick leave is a relevant consideration when determining whether a delay in resigning would prevent a claim for constructive dismissal.