Seldon v Clarkson Wright and Jakes: SC (Justices of the Supreme Court Lords Hope (deputy president), Brown, Mance, Kerr, Lady Hale): 25 April 2012 In 1971, the employee joined the defendant law firm. He became an equity partner in 1972. The firm’s partners agreement stated that partners would retire at the age of 65. The employee wished to continue to work for three more years and, in early 2006, he suggested to the defendant that he continue to work as a salaried employee or a consultant for that time. Those suggestions were refused by the defendant, but an ex gratia payment was offered. The employee informed the defendant that he was seeking legal advice, and the ex gratia offer was withdrawn. In March 2007, the employee commenced proceedings, alleging that his expulsion from the defendant was an act of direct age discrimination and that the withdrawal of the ex gratia payment was an act of victimisation. The employment tribunal (the tribunal) identified three aims that were put forward, inter alia, as legitimate by the defendant: ensuring that associates were given the opportunity of partnership after a reasonable period as an associate, thereby ensuring that associates did not leave the firm (the first aim); facilitating the planning of the partnership and workforce across individual departments by having a realistic long-term expectation as to when vacancies would arise (the second aim); and limiting the need to expel partners by way of performance management, thus contributing to a congenial and supportive culture (the third aim). It was made clear that the defendant did not rely on any poor performance by the employee or his personal characteristics. The tribunal accepted those reasons as legitimate, and accepted that compulsory retirement was an appropriate means of achieving the firm’s legitimate aims of staff retention, workforce planning and allowing an older and less capable partner to leave without compelling him to justify his departure and damage his dignity. It held that the first two of those aims could not be fulfilled any other way, and that there was no non-discriminatory alternative to the third. The tribunal did not examine the issue of the age chosen for retirement or discuss it in relation to each of the objectives. The tribunal concluded that it was a proportionate means of achieving a congenial and supportive culture and encouraging professional staff to remain within the firm. The discrimination claim failed, but the victimisation claim succeeded. The employee appealed to the Employment Appeals Tribunal, which held that there was no evidential basis for the assumption that performance would drop off at 65 and hence no reason to have chosen that age in order to avoid performance management and promote collegiality. It remitted the case to the employment tribunal. The employee appealed to the Court of Appeal, which dismissed his appeal. The employee appealed to the Supreme Court. Three questions arose: (i) whether any or all of the three aims of the retirement clause identified by the tribunal were capable of being legitimate aims for the purpose of justifying direct age discrimination; (ii) whether the defendant had not only to justify the retirement clause generally but also its application of it in the instant case (the outstanding issue); and (iii) whether the tribunal had been right to conclude that relying on the clause in the instant case was a proportionate means of achieving any or all of the identified aims. In considering the issues, the court had regard to the Employment Equality (Age) Regulations 2006, SI 2006/1031, by which the UK transposed Council Directive (EC) 2000/78 (on establishing a general framework for equal treatment in employment and occupation) (the directive) and the Equality Act 2010. The appeal would be dismissed. Taking questions (i) and (iii) together, the case law suggested that the UK had chosen to give employers and partnerships the flexibility to choose which objectives to pursue, provided that: (i) those objectives could count as legitimate objectives of a public interest nature within the meaning of the directive; (ii) were consistent with the social policy aims of the state; and (iii) the means used were proportionate by being appropriate to the aim and reasonably necessary to achieve it. The European courts had identified two types of legitimate objective: inter-generational fairness and dignity (see - of the judgment). The first two aims of the compulsory retirement age were staff retention and workforce planning, which were directly related to the legitimate social policy aim of sharing out professional employment opportunities. The third was limiting the need to expel partners by way of performance management, which was directly related to the ‘dignity’ aims recognised as legitimate in the case law. It was clear that aims could be related to the particular circumstances of the type of business concerned (see  of the judgment). As a result, the identified aims had been legitimate (see  of the judgment). (2) Where it was justified to have a general rule, the existence of that rule would usually justify the treatment that resulted from it. In the particular context of inter-generational fairness, it had to be relevant that, at an earlier stage of his life, a partner or employee might well have benefited from a rule that obliged his seniors to retire at a particular age. The European court had distinguished between laws and regulations which were unilaterally imposed and collective agreements which were the product of bargaining between social partners on a presumably more equal basis. There was therefore a distinction between justifying the application of the rule to a particular individual, which in many cases would negate the purpose of having a rule, and justifying the rule in the particular circumstances of the business (see ,  of the judgment). As to whether the aims of the compulsory retirement age had been proportionate, since the case was to go back before the tribunal on the basis that it had not been shown that the choice of 65 years of age for retirement was an appropriate means of achieving the third aim, it was necessary to consider whether the tribunal would have considered the first two aims as sufficient in themselves. There was a difference between justifying a retirement age and justifying the particular retirement age in the instant case. Taken to extremes, the first two aims might be thought to justify almost any retirement age. The tribunal had not unpicked the question of the age chosen and discussed it in relation to each of the objectives. It would be unduly constraining to deny them the opportunity of doing so (see ,  of the judgment). The outstanding issue of whether the measure had to be justified would be referred to the tribunal (see  of the judgment). Decision of Lord Justices Laws, Hughes and Sir Mark Waller  All ER (D) 309 (Jul) affirmed. Robin Allen QC, Richard O’Dair and Dee Masters (instructed by Equality and Human Rights Commission) for the employee; Thomas Croxford and Emily Neill (instructed by Clarkson Wright & Jakes) for the defendant; Dinah Rose QC and Emma Dixon (instructed by the Treasury Solicitor) for the secretary of state for business, innovation and skills (intervening); Declan O’Dempsey (instructed by Irwin Mitchell) for Age UK (intervening). Discrimination – Discrimination on the grounds of age – Employee partner in defendant solicitors’ firm
The largest international law firms are among the UK practices that have a poor grip on the security of their data, according to research conducted among 200 firms. The widespread use of personal devices is the weak link in security, with an overwhelming majority of professionals (84%) accessing company data from a personal device regardless of corporate policy, according to the study, carried out for laptop maker Sony. Of the laptops used by lawyers, 63% had no anti-theft security measures. Despite this, 21% of interviewees said their laptop had been stolen in the last 12 months. A third of the legal professionals surveyed worked for firms with a headcount of more than 250 and 17% for firms employing over 1,000. Ruth Storey, product marketing manager at Sony UK, said draconian limits on device use were not the answer to security fears: ‘There’s no reason to miss out on the cost and productivity benefits of “bring your own device” (BYOD). Features such as fingerprint security access, remote lockdown and location tracking are available on many models right out of the box.’
Nyasha Joseph By Celina DeCastroA 36- year old mother of two from Carenage and a 24-year-old Sea Lots man were taken into police custody by Homicide Investigations Bureau in connection with the murder of policewoman Nyasha Joseph.The woman was arrested Friday morning after investigators learned of an altercation between Joseph and the woman that occurred days before the officer was reported missing. She is believed to be one of the five women romantically involved with the prime suspect who was detained last Friday.The 24-year-old man surrendered to police Wednesday night, after learning of his arrest warrant in connection to the murder. Investigators believe the suspect, a Sea Lots boat owner, may have vital information about the disposal of Joseph’s body.These arrests occurred hours after Joseph’s body was pulled from the Gulf of Paria on Wednesday. Her body was found stuffed in a plastic bag, with two bricks tied to her hands.The official autopsy results were inconclusive due to the advanced decomposition of Joseph’s body.According to reports, the prime suspect, a 36-year-old Sea Lots man, has not been cooperating with investigators and has no knowledge that Joseph’s body has been found. He is currently being held at the Homicide Bureau’s Riverside Plaza headquarters.A judge has ruled that officers have until Monday to charge the prime suspect with the killing or set him free.Police investigators theorize that Joseph was lured to the Sea Lots by a person she was romantically involved with, where she was then killed and her body disposed of.
BusinessInternationalNewsRegional Range Development and St Lucia Gov’t Sign New Development Agreement by: – May 20, 2017 Sharing is caring! (Photo Credit St Lucia Star)(Hotel Online) May 19–CASTRIES, St. Lucia — Range Developments, an international developer focusing on luxury hotel projects in the Caribbean, signed definitive agreements with the government of Saint Lucia on Tuesday to continue the development of the Black Bay Master Development.The heart of the Black Bay Master Development will consist of a luxury branded hotel and villas set on 180 acres on the beautiful southern tip of the island. The site is on the Caribbean southwest coast, within easy reach of the international airport and the Pitons, the world famous heritage site. The master development will be developed in a number of phases.The luxury hotel, the anchor of the master development, will be developed under the country’s citizenship-by-investment programme and will comprise 180 rooms.“We have been working with the developer and are grateful for their patience in working with us on getting to this point of such a project which will benefit everyone,” said Allen Chastanet, prime minister of Saint Lucia. “I am looking forward to the commencement of construction of this project which coincides with our overall development plans for Saint Lucia.”Range Developments has received plaudits and awards both for its designs and robust and innovative corporate social responsibility activities.“This will be our third major luxury development in the Caribbean and we are delighted to be working with the government of Saint Lucia,” said Mohammed Asaria, vice chairman of Range Developments. “Range is aggressively expanding in the Caribbean. The Park Hyatt St Kitts will be completed in the coming months and Kempinski Dominica is advancing with pace.”The Black Bay hotel will be designed and built to the highest standards in keeping with Range Development’s ethos. Range will imminently be announcing the hotel operator for the development. The project will create about 500 jobs on the island during construction, with a similar amount once the hotel is operational.Saint Lucia’s citizenship-by-investment programme is aimed at encouraging investment in the island. Investors not only have a chance to invest, but assuming they meet the stringent requirements, apply for citizenship of the country, with all the benefits of full citizenship.Range Developments is an international property developer focusing on high-end hotel resorts in the Caribbean that are well-designed, sustainable and desirable. The Park Hyatt St Kitts won the prestigious Best New Hotel Construction and Design St Kitts and Nevis award at The International Property Awards 2014-2015. It also won the coveted award of Best New Hotel Construction and Design in the Caribbean 2014-2015. Share Tweet Share Share 83 Views no discussions
RFMW, one of the leading RF & Microwave Component distributors has opened a new direct sales office in Milan, Italy. The new sales organization will support customers in Italy, Spain, Portugal, Greece and Cyprus.According to Joel Levine, president of RFMW, “We are responding to this area’s continued growth and demand for commercial as well as military RF/microwave components. Led by Claudio Aliprandi as the Regional Manager, RFMW Italy expands our sales/applications team of technically experienced, local personnel into this market with specific customer, applications, and product knowledge. This local, RF/microwave focused office is empowered to quickly link RFMW’s suppliers to the territory’s customers looking for leading edge, RF/microwave components.”Christian Grieswelle, Director of Sales, Europe, added that “RFMW will leverage our cutting edge, information technology system to enhance the support we provide to the market in Southern Europe. We provide customers and suppliers real-time, continuous information, from initial inquiry to final invoice, using our closed-loop, global enterprise system. Linking this tool directly to RFMW’s team of highly technical product managers allows us to efficiently provide immediate answers to customers and suppliers. The end result is RFMW’s unique ability to deliver state-of-the-art solutions that enhance both customer and supplier satisfaction.” RFMW is a specialized distributor with a focused distribution of RF/microwave components as well as customer specific component engineering support.
Quectel Wireless Solutions has released a quad-band GSM/GPRS/GNSS/Wi-Fi module – the MC90. The new module supports hybrid positioning technologies including GNSS, Cell ID and Wi-Fi aided positioning, and enables position tracking in both indoor and outdoor environments.Quectel MC90 integrates multi-GNSS system, including GPS, GLONASS, Galileo and QZSS, which greatly improves the positioning accuracy and ensures that the module can track position even in areas with weak satellite signals. This makes MC90 especially suitable for urban areas with high-rise buildings and complex environments.For blind spots of satellite coverage, MC90 adopts Wi-Fi hotspot positioning technology to effectively address indoor positioning demands in scenarios such as factories, schools, shopping malls, hospitals and nursing homes.In addition, the MC90 integrates multi-aiding positioning technologies to offer customers with optimized GNSS performance. It supports EPO technology which provides predicted Extended Prediction Orbit to speed up TTFF without the need of any extra server. Based on EPO data, QuecFastFix Online function further reduces TTFF in cold start, while the EASY technology enables a very fast first fix when there is no enough satellite information. Moreover, GLP (GNSS Low Power) power saving mode ensures great positioning accuracy with ultra-low power consumption. The built-in LNA provides the module with improved RF sensitivity and exceptional acquisition/tracking performances even in weak signal areas.Based on MTK’s MT2503 platform, MC90 features compact design, low power consumption and supports dual SIM single standby function. The module also provides a rich set of Internet protocols such as TCP, UDP, MQTT, PPP, FTP, HTTP and SSL, and supports audio, QuecFOTA and OpenCPU.MC90 is an ideal choice for a wide range of IoT applications, such as bicycle sharing, student ID card, vehicle tracker, wearable device, pet tracker, asset tracker, driving recorder, etc.Engineering Samples of Quectel MC90 are available now.
Ai Miyazato, LPGA, Portland Classic PORTLAND, OREGON – Retiring Ai Miyazato shot a par 72 to fall nine strokes off the lead after the third round of the Portland Classic on Saturday, while compatriot Nasa Hataoka’s 70 left her a share of eighth place.Former world No. 1 Miyazato, who went into the round two shots off the pace, birdied and bogeyed twice each to tie for 14th with six others. KEYWORDS Ai Miyazato speaks to the media after the third round of the Portland Classic on Saturday. | KYODO GET THE BEST OF THE JAPAN TIMES IN FIVE EASY PIECES WITH TAKE 5 RELATED PHOTOS “I played the round with a good feel, but I would’ve liked to improve my score by three at least,” said Miyazato, who won the tournament in 2010. “I wasn’t over par so I don’t think I played that badly.”The 32-year-old Japanese will call it a career after taking part in the Sept. 14-17 Evian Championship in France.“The final round will be my last in the United States. I want to enjoy it and play like I always do,” Miyazato said.Hataoka carded three birdies against a single bogey, sitting eight shots out of first.“I want to finish in the top five,” Hataoka said.American Stacy Lewis led with a 7-under 65 with eight birdies against one bogey. Moriya Jutanugarn was in second three strokes behind at Columbia Edgewater Country Club.Ayako Uehara and Sakura Yokomine are tied for 47th with a 4-under 212 total.
CARYVILLE, TN (WLAF) – Jon Travis Dilbeck was booked into jail for the 18th time on Saturday, according to jail records.Campbell County Sheriff’s Deputy Dakota Williams was traveling south on Hwy 116 when a black Mustang driven by Dilbeck pulled out from a stop sign on Old Vasper Road in front of his patrol car. Williams had to brake hard and swerve to not hit the car. At this point, Williams activated emergency equipment and stopped the vehicle.When Williams spoke with Dilbeck, he told the officer he didn’t have a driver’s license or insurance on the vehicle, according to a report from the sheriff’s department. A check of the driver’s license revealed a revoked license with one prior offense for driving while revoked.“There was probably a bag of weed in between the driver’s seat and center console,” was Dilbeck’s response when the officer asked to search the car. After searching the vehicle, Williams found a clear baggie containing a clear leafy substance believed to be marijuana in between the driver’s seat and center console.Dilbeck, 47, 381 Dilbeck Lane, Caryville is charged with driving while revoked, drivers to exercise due care, violation of TN financial law and possession of schedule VI-controlled substance. (WLAF NEWS PUBLISHED – 09/19/2019-6AM)Share this:FacebookTwitter
Liverpool have won the English Premier League after a 30-year wait. Liverpool have secured the title after Chelsea defeated Manchester City in the competition this morning. Liverpool have beaten Crystal Palace by four unbeaten days.Liverpool have won seven matches in the English Premier League with the rest of the squad. Liverpool have a 22-point lead over second-placed Manchester City. Liverpool have 86 points from 31 matches. Alexander Arnold, Mohamed Salah, Fabino and Saadio Mane scored the goal against Crystal Palace. Liverpool have lost only one game so far this season.English summary: liverpool become premier league champions.You may also like this video;
Another change in Botev – Anderson Barbosa replaces Stanislav Shopov 86′ First shift in Botev – Antonio Vutov was replaced by Ivan Vassilev 83′ Yellow card for Antonio Vutov for a reply against referee Nikolay Yordanov. Botev’s goal scorer is furious that no foul has been ruled against him and shows his bloodied head, but even that does not save him from an official warning. 83′ Again Courier is elusive for Botev’s defense, but this time the shot was deflected by goalkeeper Georgiev 80′ Great opportunity for the Black Sea – Denislav Angelov elegantly brings Courier behind the defense of the guests, but his transfer shot was killed in front of the goal by Stanislav Rabotov. 79′ First shift in the Black Sea – Nikolay Zlatev replaces Daniel Stoyanov 71′ An excellent breakthrough by Fabio Burbano ends with a pass to Vutov, but the goal scorer’s shot for Botev is blocked 70′ A wrong parallel pass by Todor Nedelev in the middle of the field allows the hosts to organize a quick descent to the door of Georgiev. Martin Milushev was brought to the right of the penalty area, followed by a soft cross to the Courier and with joint efforts the guests managed to clear in a corner. 66′ Antonio Vutov opened the score with a fanatical goal – 1: 0 for Botev. He received the ball in the penalty area and with a magic kick on the diagonal with his left foot and with the help of the crossbar sent the ball inexorably into the door of Mitrovic. 54′ Good inclusion in Tsvetomir Panov’s attack from the left, but his shot was blocked by Botev’s defender 53′ Botev’s left back Lazar Marin heads first to the ball in the penalty area after a foul, but the ball goes wide of the goal 47′ Start of the second part of the match in Varna 45+2′ At the end of the first half, both teams retired for a break at 0: 0 45+1′ A quick counterattack by Botev, based on Todor Nedelev, puts Jonathan Pereira in a good position in the penalty area, but the Brazilian missed the moment to shoot, and after his attempt to return the ball to the penalty area, the ball was cleared by the defenders of the Black Sea 42′ Botev captain Todor Nedelev shoots from the boundaries of the penalty area, the ball goes over the crossbar 31′ A great opportunity to score opens in front of Courier, but the goalkeeper of Botev Georgiev shows class and kills in a corner. It was reached after a mistake by Filip Filipov, who, without being pressured, gave the ball to the Black Sea striker. 28′ Yellow card for the Black Sea – received for Daniel Stoyanov 27′ Yellow card for Kostadin Nichev for a rough entry at the feet of Pavel Georgiev 22′ Matthias Courier again tries to bother Botev’s defense, but his shot is again inaccurate 21′ Great work by Stanislav Shopov around the penalty area and an even more great pass to Antonio Vutov. Botev’s striker shoots diagonally, but the ball goes far from the goal. 15′ Multi-pass action of the guests ends with a shot by Todor Nedelev, goalkeeper Mitrovic manages to deflect the ball into the crossbar and corner for Botev PD 7′ The experienced defender of Botev PD Ivan Bandalovski receives the first yellow card in the match for a rough foul in the center of the field 5′ First shot in the match – Matthias Courier tries to surprise Yanko Georgiev from afar, the ball goes wide of the door 4′ Referee Nikolay Yordanov signals the start of the match at Ticha Stadium Stadium: Running Referee: Nikolai Yordanov Broadcast: Diema Sport