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Employment Law Roundup: Recent Employment Tribunal Decisions

Age discrimination: requirement for law degree not objectively justified

An employment tribunal has decided, following remission from the Supreme Court, that the requirement for an employee to hold a law degree in order to progress up the pay scale for legal advisers in the Police National Legal Database was not objectively justified. The Supreme Court had previously held that the requirement to hold a law degree was prima facie indirect discrimination against an employee who was approaching retirement age and therefore did not have time to obtain a degree. The tribunal's decision on justification means that the employee succeeded in his claim of indirect age discrimination.

There was no evidence that clients of the service had requested improvements to the quality of advice offered, or asked only to be given advice by those with a law degree. The tribunal also rejected the Chief Constable's argument that it would have been impracticable and unfair to apply different rules to existing staff and new recruits. (Homer v Chief Constable of West Yorkshire Police ET/1803238/2007.)

Employer failed to supply agency worker information during collective redundancy and TUPE consultation

An employment tribunal has granted a protective award in a claim by a trade union of a failure by an employer to provide adequate information concerning agency workers during consultation exercises under section 188 of TULRCA and regulation 13 of TUPE. (Unison v London Borough of Barnet and another ET/3302128/2012.)

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