The judgment signalled that, at a time of high youth unemployment, it is in the public interest for older staff to leave companies to open up job opportunities for younger people.
Companies would have to provide evidence that they were recruiting younger staff and allowing them to move up the employment ladder. Lady Hale, giving the lead judgment in the case, said: “Improving the recruitment of young people, in order to achieve a balanced and diverse workforce, is, in principle, a legitimate aim.
Read the full story from The Telegraph
PRIVATE MEMBER’S BILL ON SURROGRACY INTRODUCED
2 May 2012
A Private Member's Bill has been introduced which aims to introduce leave, pay and allowance arrangements for parents who have had children through the use of surrogacy, equal to those available to non surrogate parents.
Pinsent Masons reports:
The Bill was introduced on 17 April 2012 and is sponsored by Labour MP, John Healey. It follows appeals for greater surrogacy rights by mothers who have been denied maternity pay and leave after becoming mothers through the use of surrogacy. We previously reported the case of C-D v S-T ET/2505033/11 in which a midwife sonographer, who had a baby through the use of a surrogate, brought a claim for maternity and sex discrimination against her employer after being refused maternity leave. The employment tribunal stated that UK domestic legislation on maternity rights does not apply to C-D's situation. The tribunal made a reference to the ECJ to determine whether UK law is compliant with the European legislation from which it stems, i.e. whether a mother expecting a child through the use of surrogacy has the same rights and entitlements as non surrogate parents under European law. ( See HR Briefing - 23 March 2012 ). The ECJ's decision is expected later this year. The Telegraph, 18 March 2012, has reported a further instance of a mother who has been denied maternity leave or pay, having become a mother to twins through the use of surrogacy. Mrs Kassim was told that she was not entitled to any maternity leave or pay and could only take 13 weeks unpaid parental leave.
Mrs Kassim says, "Obviously no one can live on that and you need time to bond with your children as well and I need longer than 13 weeks to do that."
Mr Healey is Mrs Kassim's local MP and has urged for the "legal loophole" to be closed allowing surrogacy mothers the rights that other mothers, including those who adopt, are entitled to. Mr Healey states that, although there are currently only around 100 children born by surrogate mothers each year in the UK, the numbers are increasing and the law needs to "catch up" with the change in society. Mr Healey adds that mothers whose children are born through a surrogate mother need the same support as other mothers.
The decision of the ECJ, in the case of C-D v S-T ET/2505033/11, could force a change in the law if it is decided that UK legislation is not compliant with European law.
INDIRECT DISRIMINATION RELATED TO RETIREMENT IS UNLAWFUL
9 May 2012
CIPP Policy News Journal
12/04/2013, Page 39 of 362
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