Labour & European Law Review
25 July 2018
A report by the Women and Equalities Select Committee on discrimination against older workers has found that too little is being done to enforce the law (…).
The law states that the first £30,000 of any payment made on termination of employment is exempt from tax, but what about payments made for injury to feelings? In Moorthy v HM Revenue and Customs (HMRC), the Court of Appeal held that payments for injury to feelings in the context of an age discrimination claim were exempt from tax but that any awards should be modest (…).
Although organisations can discriminate by applying a “genuine, legitimate and justified occupational requirement”, the Court of Justice of the European Union (CJEU) has held in Egenberger v Evangelisches Werk für Diakonie und Entwicklung eV that this right is subject to judicial review by the national court. In that event, employers would have to prove that the requirement was necessary and “objectively dictated” (…).