The Employment Appeal Tribunal has rejected a challenge tothe upper age limit of 65 for claiming unfair dismissal and redundancy paymentsthree years ahead of the implementation date for the new law on agediscrimination. Melanie Thomas reportsAmidst the flurry of new employment laws either implemented or announcedthis year, the one that probably stands out more than any other is theprohibition on age discrimination, due to be introduced at the end of 2006. The government is consulting on how to implement the European Commissionprohibition on age discrimination, including how to deal with the concept of acompulsory retirement age…. As the law stands at the moment, employees can beforced to retire either at the retirement age set by their employer, or thedefault age of 65. However, in parallel with the legislative process, there has been along-running piece of litigation about the legality of the age cap of 65 – theargument being that it is already unlawful because it indirectly discriminatesagainst men, as more men than women want to work past the age of 65. The Rutherford decision The case was originally brought by Mr Rutherford, who was 67 when he wasmade redundant. He made a claim against his employer for unfair dismissal and aredundancy payment. In the course of that claim, he argued that the age limitof 65 was contrary to EC law because it discriminated indirectly against men. In August 1999, the Stratford Employment Tribunal agreed that it did. TheEAT, however, disagreed and sent the case back to Stratford to be heard again.The government joined the second round of litigation last year, but failed topersuade the Stratford Tribunal to reach a different decision. It then appealed to the EAT, which again hasjust overruled the Tribunal on the grounds that it did not apply the lawcorrectly. The EAT made the following findings:– The Tribunal had not performed the right statistical analysis First, it had made a mistake in looking only at the statistics for men andwomen aged 55-74 for whom retirement “had real meaning”, as opposedto everyone in the workforce (aged 16-74) who could potentially benefit fromthe employment protection rights in question. Secondly, the Tribunal had incorrectly compared the proportions of menand women who were not protected by the law (the over-65s), rather than thosewho were (the under-65s)– The Tribunal had also been wrong in rejecting the Government’sjustification defence, which was that the age cap was justified by underlyingsocial policy considerations, including the idea that someone who had reachedretirement age did not need the same employment protection rights as a youngerperson because he or she would have a diminished expectation of continuedemploymentThe Tribunal rejected this justification because it was inextricably linkedto the state pension age, which is itself discriminatory. This produced anomalies: for example, womenaged 60-64 are entitled to a state pension and a redundancy payment, while menare not. However, the EAT found that any anomalies were the result of theunequal state pension age (which was still lawful pending the gradualequalisation sanctioned by EC law), and not the design of the employment rightsbeing challenged. As a result, thegovernment’s justification was not itself tainted by sex discrimination – The EAT also accepted the Government’s other social policy arguments: that compulsory retirement allowed employersboth to meet the legitimate expectations of younger employees for advancementand to plan for future recruitment and HR management needs. Importantly, the age limit protected thedignity of older employees because it allowed employers to retire them, ratherthan being forced to dismiss them for performance-related reasons. Impact of the decision UK employers are no doubt breathing a sigh of relief that they are stillable to rely on compulsory retirement ages in planning their human resourceneeds. However, the case is a shotacross the bows for employers that have not already started to think about howthey are going to deal with the changes being mooted in the Government’sconsultation and, in particular, whether they are going to be able to muster anargument that their particular business environment has demands that canjustify setting a compulsory retirement age. Aside from that, the potentially more long-lasting impact of this judgmentlies in its analysis of the law on indirect sex discrimination. In a footnoteto its judgment, the EAT said this was really a claim about age discriminationthat the applicants tried to shoehorn into the contours of a sex discriminationcase. That may be so, but the EAT’sreasons for rejecting that attempt do nothing to remove the impression that thelaw on indirect discrimination is an impenetrable quagmire of legal nuance,pragmatic compromise and statistical gymnastics.Melanie Thomas is a solicitor with Lovells’ Employment Group Related posts:No related photos. Previous Article Next Article The dawning of a new ageOn 1 Nov 2003 in Personnel Today Comments are closed.
View post tag: US Navy October 2, 2017 Back to overview,Home naval-today HII bags US Navy C4ISR training support contract HII bags US Navy C4ISR training support contract View post tag: C4ISR The US Navy has awarded Huntington Ingalls Industries’ Technical Solutions division a $25 million contract to provide training services for tactical afloat shipboard, ashore and submarine command, control, communications, computers, intelligence, surveillance and reconnaissance (C4ISR) systems.The three-year contract includes two one-year option periods, which, if exercised, could bring the value of the contract to $43 million. Work will be performed on ships and land sites worldwide and, if all options are exercised, work will continue through September 2022. This is one of four multiple-award contracts.“This award is the result of the first true collaborative effort of HII’s Integrated Mission Solutions team and our Fleet Support team,” Andy Green, president of HII’s Technical Solutions division, said. “The synergy of both groups’ capabilities is an example of why HII acquired Camber to join its Technical Solutions division.”Support will include development and implementation of training solutions, scheduling of fleet training, and technical training equipment design and installation. Authorities View post tag: HII Share this article
The University of Maryland School of Medicine, Department ofPediatrics, Division of Pediatric Critical Care and the Children’sHeart Program are seeking a Medical Director of Pediatric CardiacCritical Care at an Associate Professor or Professor level. Themedical director will provide clinical and administrativeleadership for the practice of pediatric cardiac critical care andwill share clinical responsibilities with the current pediatriccritical care faculty.The Pediatric Critical Care serves more than 1000 patients per yearwith a 19-bed facility that provides expert multi-disciplinarycare, and an active pediatric critical care transport system. Theten physician service supports an accredited Fellowship program,and is an integral part of resident education. In addition toproviding clinical services for pediatric patients withlife-threatening, complex medical conditions, the critical careservice supports a patient/family-centered culture. With a hearttransplant program and ECMO/VAD programs, the PICU continues to seean increasing volume of cardiac patients.Ranked by US News & World Report for the 3rd consecutive year,the Children’s Heart Program at the University of MarylandChildren’s Hospital provides the most complex medical,interventional and surgical care for patients with congenital heartdisease from infancy through adulthood, addressing a need forextended cardiac care from before birth through adulthood.The successful candidates will have faculty appointments in theDepartment of Pediatrics of the University of Maryland School ofMedicine at academic levels to be determined by experience. TheUniversity of Maryland Medical Center is a major academic tertiarycare center serving Baltimore, the state of Maryland, and the midAtlantic region. As the oldest public medical school in the UnitedStates, the University of Maryland School of Medicine has anestablished tradition of outstanding clinical care, education, andresearch. The Department of Pediatrics is deeply committed topromoting children’s health in the community and across the state,while supporting innovative clinical programs and expandingresearch initiatives.We are located near the downtown Inner Harbor area, just one ofBaltimore’s many outstanding attractions. From fine arts andorchestras to professional sports teams, first-class dining andshopping to a wealth of historical sites, our city offers a fullrange of recreational and cultural opportunities. Washington, D.C.,Philadelphia and even New York City are within easy reach, as wellas beaches to the east and mountains to the west. Educationalexcellence abounds, as do family-friendly neighborhoods and urbanliving options. Visit us online at www.ummsphysician.jobs to learnmore.Qualifications :The ideal candidate would have training in pediatric critical carewith additional training in pediatric cardiology/cardiac criticalcare and at least 5 years of experience working as a pediatriccardiac intensivist. The candidate should have an interest inclinical and translational research.Interested candidates should submit an online application and referto Position # 03-314-480.The University of Maryland, Baltimore is an Equal Opportunity,Affirmative Action employer. Minorities, women, veterans andindividuals with disabilities are encouraged to apply.
× HUDSON COUNTY – Were you planning to finally do some leaf-peeping this weekend? You may want to head out on Saturday. Sunday afternoon and evening will be rainy, Accuweather predicts. They also warn of possible flooding. Of course, anything can change.Accuweather predicts temperatures in the 60s and mostly sunny on Saturday, then 50s and 60s on Sunday. There may be lingering rain on Monday morning as well.What about on Tuesday for Halloween? BOO! We mean, hooray! So far, it will be mostly sunny and dry, but colder, in the upper 40s and the 50s.Click the weather symbols in the upper right of Hudsonreporter.com to get local weather by the hour!
medicines and vaccines medical devices and clinical consumables blood and other products of human origin non-clinical consumables, goods and services The letter also contains information on the health and care workforce, research and clinical trials, and business continuity plans. The letter provides an update on what the health and care system needs to consider in the period leading up to Brexit. It includes plans relating to the continued supply of: This guidance has been replaced by Actions for adult social care providers to prepare for Brexit.,Stay up to dateThis letter tells you what to do if there is a no-deal Brexit. This page will be updated if anything changes, including if a deal is agreed.Sign up for email alerts to get the latest information.
Dopapod and Pigeons Playing Ping Pong have been on a tear of late, joining forces for a run through Florida to start their 30+ date fall tour. The run brought them to Venue 578 in Orlando, FL, where both bands brought some serious grooves to the table.Fortunately, both bands have shared full videos of their sets for us all to enjoy. Check out the Pigeons set below, which featured a funky collection of the band’s original music.Setlist: Pigeons Playing Ping Pong at Venue 578, Orlando, FL – 10/9/16High As Five, Sunny Day > The Hop > F.U., Fortress, Skipjack, Landing > Penguins > Funkijam > Funky House, Horizon > The Liquid, CliffsDopapod came on next and let loose with a set that lasted nearly two hours, bringing the band’s progressive jams to life. The show even featured a cover of Led Zeppelin’s “Since I’ve Been Loving You” with guest vocalist Kaleigh Baker, only accentuating the great performance. Tune in below, thanks to a stream from LD Luke Stratton!
Photographer Stephen Olker was there to capture the magic on Friday night in the gallery below:The New Mastersounds | Brooklyn Bowl NYC | 5/12/17 | Photos by Stephen Olker For three nights straight, The New Mastersounds took over the Brooklyn Bowl in NYC. The Thursday through Saturday dance affair brought the jazz-infused funk fusionites back to Brooklyn, delivering a mix of originals and covers to the dear satisfaction of their devoted fanbase.Thanks to taper McRoberts, you can get down to Thursday night’s performance below:On Friday night, Kim Dawson from Pimps of Joytime made a spectacular appearance, delivering her strong vocals throughout portions of the evening.On Saturday night, the band played the music of the great guitar legend Melvin Sparks in honor of his recent live album release. Sparks’ organist Reuben Wilson was in the house, along with horn players Neal Sugarman and David Guy. Sparks’ guitar protégé 16-year-old Solomon Hicks and drummer Bill Carbone were also on deck for some very special sit-ins.Watch the opening song of both the first and second set on Saturday night, courtesy of Nugs.tv below: Load remaining images
In the wake of last month’s incidents of racial discrimination against two student groups and the March 5 town hall meeting held in response, Notre Dame student leaders, faculty, staff and administrators are formulating a “Plan of Action” for addressing discrimination on campus. Senior Brittany Suggs, chair of the Black Student Association (BSA), said the decision to create the Plan of Action arose from the student body’s response to the town hall meeting. She said students called for “more direct involvement in changes on campus” with regard to racial incidents and discrimination. “[The Plan of Action] also came from the belief of students that we have meetings and forums and discussions of these issues, but people leave feeling like, ‘I said all this, but what happens next? What will be done? How will the words we share be transferred to actual change?’” she said. Suggs sent a campus-wide email last week alerting the Notre Dame community to the creation of the Plan of Action. Town hall attendees submitted personal responses addressing the changes they wanted to see with regard to discrimination in specific areas of campus life, Suggs said. These responses will be used to formulate a formal proposal to be presented to the University administration in early May. “The committee goal is to have … something in place for transitioning officers [of student organizations] coming into their positions and to have something for seniors who have been involved to see something formally put in place to carry on in the future,” Suggs said. The Plan of Action committee unites Student Government, BSA, the African Student Association (ASA), Alliance of Black Leaders, Multicultural Student Programs and Services (MSPS), the Notre Dame Coalition for Human Dignity, the Progressive Student Association, MECHa, the Diversity Council of Notre Dame, the Center for Social Concerns and other interested individuals in compiling campus responses into a comprehensive proposal on how to address and combat discrimination, Suggs said. “We would love for the whole campus to be involved in the process, but it’s not feasible with the size of the student body,” she said. “We’re taking the main student leaders of campus majority and minority groups and faculty leaders, bringing them together from different backgrounds and points of view on the issue, meeting with them to first highlight the main problem and creating a goal of sorts to keep us focused on the task at hand.” MSPS Director Iris Outlaw said some recurring themes appeared during the categorization of personal responses from town hall attendees, including a lack of cultural competency in interactions with residence hall staff, Notre Dame Security Police (NDSP) and faculty members; racial profiling by NDSP; inappropriately themed residence hall activities; the “isolating” nature of First Year Orientation, especially for students of color; and a lack of University support for departments like Africana Studies and the Institute for Latino Studies. “[The responses showed that] the campus climate overall is isolating, and majority students are often unaware of how international and minority students feel about it,” Outlaw said. “Even though we address diversity in the Contemporary Topics course, it only plants the seeds.” Outlaw said many responders expressed interest in a semester-long course in cultural competency that would educate students about real world diversity issues that specifically affect the Notre Dame community. “In cultural competency classes, students might study countries like Spain, Italy and Ireland,” Outlaw said. “But we need to talk about what’s going on in our backyard too.” Some town hall attendees also called for mandatory diversity training for faculty and staff members to further improve cultural competency on campus, Outlaw said. “Things are written in handbooks, but most people never look at them unless they have an issue or need it for something else,” she said. In the weeks prior to the February incidents involving the BSA and ASA, Student Senate passed a resolution advocating for increased reporting of discriminatory incidents, student body president Brett Rocheleau said. “We worked with Diversity Council and found that there are a lot of unreported instances of discrimination, so we want to advocate for students to feel free and safe to report instances of discrimination,” Rocheleau said. Outlaw said these unreported cases of discrimination prompted administrators to assess the availability and accessibility of resources for reporting and dealing with discrimination on campus. “That [assessment] has been key because some resources haven’t been easy to find, especially when important information has been lost in web page changes,” she said. “We’ve been introspective, so it’s great that we’re now trying to be proactive to make the University the place we know it should be.” This proactive mindset distinguishes the current movement from similar initiatives in the past, Outlaw said. “The call for accountability has been twofold across the institution,” she said. “We’re holding students accountable for incidents they experience or witness, and the administration is helping students navigate the system, speaking out against discrimination and doing an internal assessment.” Suggs said Notre Dame is fortunate to have a supportive campus environment. “Other campuses may have much more deep-rooted issues from living in a post-civil rights era, so thankfully campus is behind us and has the awareness that something needs to be done,” she said. “But we can’t let it die as it has many times before, and we can’t leave it in the hands of a few individuals.” All members of the Notre Dame community can act individually on that accountability, she said. “Everybody can take up their call with little things like reporting discrimination, encouraging teachers to facilitate discussion in class, doing your part when others are victimized and not turning your head in the other direction and pushing a zero-tolerance mission for discrimination,” she said. Former student body president Pat McCormick said the work of student groups and responses to the town hall demonstrate solidarity among the University community. “The initiatives that have developed in the call to action and the work of Student Senate, student government and members of the coalition indicate that the student body is standing in solidarity on these issues,” he said. “My hope is that it’s one of the things we’ve taken away from this … and that it’s not the end but rather the beginning of facing these challenges together.” McCormick and Suggs said the administration and faculty members have been receptive and active in addressing the responses to these incidents, especially the Offices of the Provost, the President and Student Affairs. “The Office of the Provost and [vice president and associate provost for undergraduate studies] Dr. Don Pope-Davis have been extremely generous with their time and are looking for ways to confront challenges systemically from the perspective of the academy,” McCormick said. Most importantly, the campus community must understand the importance of uniting in the fight against discrimination, Suggs said. “It’s not just my issue or a BSA, ASA and minority issue,” she said. “Whether you have a past, present or future at Notre Dame, it’s all our issue to solve this.” Suggs said Notre Dame should be held to its reputation and the high standards it has in “everything you could possibly name,” and discrimination is no exception. “This is a crucial part of the Notre Dame and Holy Cross mission that has been overlooked,” she said. “We need the Notre Dame community to further that mission and see it through … with the same vigor as we see everything else through.”
Pixabay Stock Image.JAMESTOWN – There are indications that people who smoke, vape, or have substance abuse problems may be at increased risk when it comes to the Coronavirus.Doctor Nora Volkow, Director of the National Institute on Drug Abuse, flagged the concern.Volkow explained that because COVID-19 attacks the lungs, it may pose a more serious threat to those who smoke tobacco or marijuana and those who vape.As for drug use, Volkow highlighted concerns specifically about opioids and methamphetamine. Opioids, she explained, slow down breathing and have already been shown to increase mortality in people with respiratory diseases.Methamphetamine has been shown to cause considerable pulmonary damage. Share:Click to share on Facebook (Opens in new window)Click to share on Twitter (Opens in new window)Click to email this to a friend (Opens in new window)
Share:Click to share on Facebook (Opens in new window)Click to share on Twitter (Opens in new window)Click to email this to a friend (Opens in new window) CDC Image.CAMBRIDGE, MA – American biotech company Moderna says its Coronavirus vaccine is nearly 95-percent effective.The company released its early clinical trial data on Monday morning.Moderna plans to seek FDA authorization for the immunization after more safety data is gathered later this month.Of the 15,000 participants who received the vaccine, only five contracted COVID-19 and none became seriously ill. It’s the second vaccine in the united states to have a stunningly high success rate.Last week, Pfizer announced that early data shows its vaccine is more than 90-percent effective against the virus.The nation’s top infectious disease expert Doctor Anthony Fauci says COVID-19 vaccinations could start as soon as mid-December.It’s expected that high-risk groups like health care workers, the elderly, and people with underlying medical conditions would get the vaccine first.It could be available to everyone else by spring.