Caps on redundancy payments disproportionately affecting older workers are not Age DiscriminationKraft Foods UK Ltd v. Hastie [2010] UKEAT 0024_10_0607 | |||
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16/07/2010 The EAT has decided that limits on Redundancy Payments affecting older workers does not constitute age discrimination in Kraft Foods v Hastie. Kraft Foods capped its contractual redundancy compensation scheme, thus preventing employees from receiving a redundancy payment in excess of their wages until their retirement. Notwithstanding that this cap had a disproportionate effect on employees who were close to retirement the tribunal decided that this was not unlawful indirect age discrimination contrary to the Employment Equality (Age) Regulations 2006. The EAT reasoned that such a cap was justified as being a proportionate means of achieving a legitimate end and that the fairness of such a scheme should be considered in light of its goal of protecting former employees' incomes after redundancy. The decision in Loxley v BAE Systems Land Systems Ltd [2008] was applied whereby the EAT held that a company was entitled to formulate rules that saved giving windfalls to employees in situations of redundancy. |
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| The transcript of this case follows:- Kraft Foods UK Ltd v. Hastie [2010] | |||
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KG [2010] ECJCase C-555/07 Judges restrict employers' use of the illegality defence against employee unfair dismissal claims - SAN LING CHINESE MEDICINE CENTRE v LIAN WEI JI - [2010] EAT UKEAT/0370/09/ZT There is a right to legal representation at a disciplinary which might result in the loss of the right to practise a profession - G, R (on the application of) v X School & Ors [2010] EWCA Civ 1 Cabin crew spending 5% of their time in the UK were considered to have worked partly at an establishment in Great Britain. - BA v Mak EAT [2010] UKEAT/0055/09/SM The 'genuine occupational requirement' rule may apply to a maximum age for employment - Wolf v Stadt Frankfurt am Main [2010] Case C-229/08 ECJ Different dress codes do not necessarily amount to sex discrimination - Dansie v. The Commissioner of Police for The Metropolis [2009] UKEAT Certain conditions must exist for the obligation to carry out a risk assessment for a pregnant worker to arise - ONeill v. 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