Costs Order for costs. The Chancery Division, following a substantive application for directions by the administrators of a company, made an order as to the costs of that hearing.
Employment Discrimination. The Employment Appeal Tribunal held that an employment tribunal had erred in finding the claimant had been racially and sexually discriminated against, particularly by the failure to investigate allegations of racial discrimination. Accordingly, the matter would be remitted to a freshly constituted tribunal.
Employment Discrimination against a woman. The Employment Appeal Tribunal, in dismissing the employee's appeal against the decision of the employment tribunal, held that the tribunal had been correct to conclude that the employee had been dismissed for reason of redundancy and had not been discriminated against due to her pregnancy at the time of the dismissal.
Employment Disability. The Employment Appeal Tribunal dismissed an appeal alleging discrimination on the grounds of sex, race and age against the Health Professional Council on the basis that there had been no refusal of an application, since none had been made.
Agent Authority. The Privy Council upheld a finding that, although the claimant trustees of a company pension plan had not authorised the transfer of funds into the plan by the defendant, the transfer had been binding by the acts of the company which had been an agent with delegated administrative functions of the plan.
European Union Employment. The Court of Justice of the European Union (Second Chamber) ruled on the interpretation of art 6(1) of Council Directive (EC) 2000-78 (establishing a general framework for equal treatment in employment and occupation) in the context of Swedish employment legislation which gave an employee the right to remain in employment until the end of the month in which he reached the age of 67.
Employment Tribunal Procedure. The Employment Appeal Tribunal, in dismissing the employee's appeal against an award of costs against it following the dismissal by the employment tribunal (the tribunal) of claims for sex discrimination, victimisation, harassment and unpaid accrued holiday pay, held, inter alia, that the tribunal had not been shown to have committed any error either in terms of reaching its findings of fact or in the exercise of its discretion.
Pension Pension scheme. The Upper Tribunal (Tax and Chancery Chamber) made rulings on issues arising out of a reference made by the trustees of the Lehman Brothers Pension Scheme in respect of the determination by the Pensions Regulator not to issue a financial support direction pursuant to s43 of the to certain companies within the Lehman Brothers Group in connection with the substantial deficit of that scheme.
Tyrolean Airways Tiroler Luftfahrt Gesellschaft mbH v Betriebsrat Bord der Tyrolean Airways Tiroler Luftfahrt Gesellschaft mbH
European Union Employment. The Court of Justice of the European Communities interpreted art 2(2)(b) of the Council Directive (EC) 2000-78 (establishing a general framework for equal treatment in employment and occupation) not to preclude a provision of a collective agreement considering, for employment grading purposes, the professional experience acquired as a cabin crew member of a specific airline, while excluding identical experience acquired in the service of another airline within the same group.
Employment Age discrimination. The Court of Appeal, Civil Division, in dismissing the employee's appeal against the Employment Appeal Tribunal's (the EAT) decision that his dismissal by a Primary Care Trust had not been direct discrimination on grounds of his age because the dismissal was justified as a proportionate means of achieving a legitimate aim, held that there had been no defect in the EAT's decision.