Employment eBulletin, February 2011

DMH Stallard Employment eBulletin

In this issue:

•	Abolition of the Default Retirement Age
•	Daniels vs British Broadcasting Corporation
•	Morgan vs The Welsh Rugby Union
•	O'Reilly vs British Broadcasting Corporation and another
•	Whitney vs Monster Worldwide Ltd
•	X vs Mid Sussex Citizens Advice Bureau

Welcome to the latest edition of the DMH Stallard Employment eBulletin.

Since the last Employment eBulletin, there have been a number of cases reported involving high profile organisations including the BBC, Citizens Advice Bureau and the Welsh Rugby Union. In this issue, we take a look at these and other cases, and highlight some of the potential implications for employers.

We also examine the announcement on the 13 January of the Abolition of the Default Retirement Age and highlight a useful guide published by ACAS (the Advisory, Conciliation and Arbitration Service) on Working without the Default Retirement Age.

Full details are available in the articles below and we hope that you find them both interesting and useful. If you have any questions arising from the articles then please do not hesitate to get in touch.

Adam Williams
Associate

Meet the rest of the Employment Group

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Abolition of the Default Retirement Age

ACAS issues 20-page guide for employers on “Working without the Default Retirement Age”.

Daniels vs British Broadcasting Corporation

High Court holds that criticism of employee's performance was not defamatory.

Morgan vs The Welsh Rugby Union

Employment Appeal Tribunal confirms the distinction between the test of fairness in a process of selection for redundancy, and the test that applies to the process of selection for appointment to an alternative new role.

O'Reilly vs British Broadcasting Corporation and another

Countryfile presenter subjected to unlawful age (but not sex) discrimination by the BBC.

Whitney vs Monster Worldwide Ltd

Court of Appeal holds that liability for an employer’s pre-transfer pension guarantees passed to new employer alongside TUPE transfer.

X vs Mid Sussex Citizens Advice Bureau

Court of Appeal holds that volunteer without a contract is not protected by discrimination law.

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