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Legal Updates: Diversity Updates 2011

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The HRDirector Legal Updates

Compulsory retirement at 65 justified

In Fuchs and another v Land Hessen the European Court of Justice held that German legislation requiring civil servants to retire at 65 was an appropriate and necessary means of encouraging the recruitment and promotion of young people and avoiding performance disputes with older workers.

Article by: | Published: 18 August 2011

The HRDirector Legal Updates

Wide-ranging recommendations permitted

In Lycée Français Charles De Gaulle v Delambre the EAT has held that an employment tribunal was entitled to impose a wide range of recommendations on a school which it found had committed age discrimination.

Article by: | Published: 18 August 2011

The HRDirector Legal Updates

Intervention sought in religion cases

The EHRC has made an application to intervene in four cases at the European Court of Human Rights involving religious discrimination, arguing that judges have interpreted the law too narrowly.

Article by: | Published: 18 August 2011

The HRDirector Legal Updates

Low success rates in discrimination claims

An analysis of the latest tribunals statistics for 2010/11 conducted by Equal Opportunities Review shows that discrimination claims are the least successful when compared with other jurisdictions.

Article by: | Published: 18 August 2011

The HRDirector Legal Updates

Research on attitudes to LGB&T employees

The Home Office has published details of a new study into employment barriers faced by LGB&T people, that identifies the obstacles preventing employers from taking action to make their workplace more LGB&T-friendly.

Article by: | Published: 18 August 2011

The HRDirector Legal Updates

Breaking the glass ceiling

In a joint letter to FTSE 350 companies, Theresa May, Home Secretary, and Business Secretary Vince Cable have set out a strong business case for increasing representation of women in senior positions to at least 25% by 2015.

Article by: | Published: 18 August 2011

The HRDirector Legal Updates

Adjustment to selection criteria not reasonable

In Lancaster v TBWA Manchester, the EAT held that the employer was not in breach of the duty to make reasonable adjustments for a disabled employee by not adjusting its redundancy selection criteria.

Article by: | Published: 11 July 2011

The HRDirector Legal Updates

Employer liable for third party harassment

In Sheffield City Council v Norouzi, the EAT ruled that the Council was liable for acts of racial harassment carried out by a child in a care home against one of its employees because it knew harassment was occurring but failed to intervene.

Article by: | Published: 11 July 2011

The HRDirector Legal Updates

Employers need to manage older workers better

The Chartered Institute of Personnel and Development (CIPD) has published a new survey demonstrating that older workers are often neglected when it comes to training and performance management.

Article by: | Published: 11 July 2011