As employers get to grips with the Equality Act, we report this month on two important age discrimination cases decided under the previous age discrimination legislation.
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Case law
Age discrimination: Cap on enhanced redundancy pay not unlawful
In Kraft Foods UK Ltd v Hastie EAT/0024/10, the EAT held that a contractual redundancy scheme that capped payments at the total amount of earnings that the employee would have received prior to retirement was justified as a proportionate means of preventing redundant employees from receiving a windfall.

Age discrimination: Compulsory retirement at age 65 objectively justified
In Seldon v Clarkson, Wright and Jakes and Secretary of State for Business, Innovation and Skills [2010] IRLR 865 CA, the Court of Appeal held that the employment tribunal did not err in finding the claimant's compulsory retirement at age 65 objectively justified. The policy was a proportionate means of achieving the legitimate aims of encouraging young people to seek employment through the ability to offer good promotion prospects and of promoting collegiality in the firm.

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Employment tribunal decisions
Race discrimination in the police: employment tribunal decisions
This article summarises the main issues and outcomes in five employment tribunal cases where it was claimed that a police force committed race discrimination. Although the decisions are not binding on other tribunals, they provide useful illustrations of situations that have led to the police facing claims in relation to race discrimination.

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Analysis

Compromise agreements and the Equality Act 2010
Consultant editor Darren Newman explains why the drafting of the provision on compromise agreements in the Equality Act 2010 could effectively mean that no compromise agreement under the Act is enforceable.

Pre-employment health questions and the Equality Act
Occupational Health magazine considers some of the key issues surrounding the Act, focusing on how OH professionals can ensure compliance and how it might affect confidentiality obligations.

B&Q embraces flexible working culture
Since realising the value that flexible working can bring to the organisation, B&Q has enhanced and promoted its flexible working policy, and seen take-up rise to more than 60% of the workforce.
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How to
How to follow tribunal procedure in discrimination cases
XpertHR provides practical guidance on the steps employers need to take to follow employment tribunal procedure in discrimination cases.

How to comply with the law on age discrimination
XpertHR provides practical guidance on how employers can comply with the law on age discrimination.

How to comply with the law on disability discrimination
XpertHR provides practical guidance on how employers can comply with the law on disability discrimination.
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Model policies and documents
Questionnaire for obtaining information on prohibited conduct under the Equality Act 2010
Use this questionnaire to familiarise yourself with the form that an individual who thinks that he or she has been discriminated against because of a protected characteristic under the Equality Act 2010 will send to the employer to gather further information. There is also an answers form through which the employer can reply.

Questionnaire for obtaining information on equal pay under the Equality Act 2010
Use this questionnaire to familiarise yourself with the form that an individual who thinks that he or she is not being given equal pay or has received less favourable contractual terms under the Equality Act 2010 will send to the employer to gather further information. There is also an answers form through which the employer can reply.
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Frequently asked questions
› How is compensation for financial loss calculated by an employment tribunal in a discrimination case?

› Can a claimant claim for "injury to feelings" when making a complaint of discrimination to an employment tribunal?

› In what circumstances can a claimant receive additional compensation in the event of a successful discrimination case?
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From our blogs
› BBC age discrimination case: judgment reserved in tribunal claim

› Christian adoption adviser loses religious discrimination claim

› Will the Equality Act 2010 close the gender pay gap? In a word - no

› Duncan Bannatyne and the Equality Act 2010: a happy ending?
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Editor's message

AGE DISCRIMINATION
As employers get to grips with the Equality Act, we report this month on two important cases decided under the previous age discrimination legislation. The decision in Seldon, where the Court of Appeal held that a compulsory retirement age of 65 for partners in a law firm was justified, will certainly remain a key authority even after the abolition of the national default retirement age in 2011.

Liveflo - a revolutionary new compliance workflow tool - is now live on the XpertHR site. Using our unique interactive flowcharts that set out the steps in each process, it offers up-to-date legal guidance and help on each step, along with model policies, letters, forms and contract clauses that can be adapted for use in your organisation.

Give it a go - it is available to subscribers to XpertHR as part of your package, just use your username and password to log in. We'd love to hear any feedback you have.

John Read
Employment law editor,
XpertHR


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