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Compulsory retirement at 65 must be justified, says EAT
...ccepted CWJ's argument that it had a retirement age to avoid undermining the collegiate atmosphere of the firm by resorting to specific performance measures to oust partners. It said, though, that it had not shown that that age should be 65."The collegiality objective does justify the adoption of a compulsory retirement rule, but … the Tribunal was not entitled to form the view that this objective itself justified fixing that age at 65," said the EAT's ruling.The EAT supported two other reasons used by CWJ to force Seldon's retirement. Those were that the firm had to have a definite retiring age so th...
Case | 7 Jan 2009
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Employers retiring employees at 65 at risk of age discrimination
...r now need to take a weather check in the light of a climate change arising from the Court of Appeal's (CA) decision in Solent SD v. Johns which was given on 12 June 2008 and other developments on the horizon. To set the scene: In July 2006 Age Concern made an application for judicial review of the compulsory retirement provisions of the Regulations. This challenge made by Heyday (Age Concern) claims, amongst other things, that the UK's statutory retirement age of 65 is discriminatory as it is in breach of the European Equal Treatment Framework Directive, covering discrimination in areas that include ag...
News analysis | 21 Jul 2008
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Headache? Try new and improved law and regulation!
... "The Government is obviously hoping that this improved system will act as a financial deterrent for those employers who continue to flout the law." an extra £37m in funding over the next three years to cope with the increase in demand. While the Government shied away from the New Zealand model of compulsory mediation in every Tribunal dispute, longer conciliation periods and greater scope for conciliation will go some way to improving access to alternative dispute resolution. In the current economic climate, employers should also be aware of the increased financial risk in defaulting on wage and statu...
Magazine issue | 1 Apr 2009
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2009: new beginnings
... conditioning systems with an output of more than 250kw must be inspected before 4 january 2009. The requirement is part of the implementation mechanism for the Energy Performance of Buildings Directive. The Department of Communities and Local Government's guide to the new Regulations suggests that compulsory checks on air conditioning units would add to any 'green audit' of a building which could lead to an 80% reduction in a building's energy consumption. 17570 The European Court of justice ruling in the heyday case is expected. The case, brought by the National Council on Ageing (which operates unde...
Magazine issue | 8 Dec 2008
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Reality bites: managing in a recession
...od without agreement is rife with difficulties even though `short time working' is a recognised concept in law. The criteria require an employee to be receiving less than half a week's pay for it to apply. Inviting voluntary redundancy: Asking people to volunteer for redundancy is a way of avoiding compulsory redundancies (see below). However the offer must be carefully worded and must be offered to all. As an organisation you need to retain your right to refuse someone's offer as you do not want to lose your key staff. Voluntary redundancy is often made more attractive if the volunteers qualify for an...
Magazine issue | 6 Nov 2008
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It’s a WRAP
... at sites near Newton Abbot and Liskeard. It was also ordered to pay £14,558 costs and a £30 victim surcharge. 36298 Pub landlords prosecuted over lack of insurance Stephen and Karen Martin, managers of a pub, have been prosecuted after they employed staff without purchasing Employers' Liability Compulsory Insurance, which meant they had no means of paying their employees any compensation they could be awarded in the event of them falling ill or having an accident at work. HSE Investigating Inspector, Shellie Bee, said: "Employers' Liability Compulsory Insurance is a legal requirement and not an opti...
Magazine issue | 2 Nov 2011
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A new age?
...l date set; and BIFM considers becoming a chartered body. 34 15 COMMENT Could ex-News of the World employees claim for stigma damages? asks Justin Govier. but should we be doing this at work? asks Roger Byard. 24 EAT: With the imminent abolition of the DRA, a recent and an ongoing case concerning compulsory retirement may assist employers who wish to operate a fixed retirement age. 08 CASE LAW Illegal waste boss ordered to pay back over £800,000; and BP Chemicals fined £30,000 for gas leak. 16 LEGAL UPDATE Advice on the Agency Workers Regulations 2010, which come into force on 1 October 2011. COn...
Magazine issue | 5 Sep 2011
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The Social Network – 12 years of the Workplace Law Conference
...l stages of the Tribunal process. However, this service is voluntary and (unlike in civil legal proceedings) there are no cost consequences if a party unreasonably refuses a settlement offer. One of the Government's proposals is that all claims must be initially lodged with ACAS and there will be a compulsory one-month period of conciliation. This is likely to decrease the number of Tribunal claims, but only because settlement of disputes is achieved earlier, before the employer has incurred significant costs. A further proposal is that a party could incur a financial penalty for unreasonably refusing a...
Magazine issue | 1 Mar 2011
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ETs on the rise
...t 05 EDITORIAL Nothing to lose? 06 LEGAL CALENDAR Key legislative dates for autumn 2010. A practical and interactive one-day course heALth And sAFety And enViROnMent uPdAte 07 NEWS Fit note changes reveal those assessed are overwhelmingly being found fit and able to look for a job; and calls for compulsory health and safety performance reporting. 27 15 COMMENT 40 years of the Equal Pay Act, but discrimination cases continue, argues Ben Collingwood. amongst FM professionals who want to link up with contacts from similar organisations, says Sarah Wray. 22 EAT: The Court of Appeal has set out importan...
Magazine issue | 1 Sep 2010
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48: How the 48-hour working week could push employers to the max
...kes workplace washroom hygiene very seriously. That's why the Environmental Health and Safety Team chose to work with Workplace Law on a new training programme for executives, senior management and line managers. TEChNICAL 28 LEGAL upDATE In-depth technical guidance on directors' responsibilities; compulsory retirement; and pensions auto-enrolment. 4. fast-track learning London 23 February 27 March 20 CALLING TImE ON EuROpEAN pOLITICS The leader of Labour's MEPs, Gary Titley, retired from politics in January after 20 years in Europe. With the Working Time Directive still in limbo, Claire Fuller spo...
Magazine issue | 5 Feb 2009
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Old git, or still work fit?
...What we are seeing is the inexorable crawl towards a form of apartheid that will inevitably alienate more than a quarter of society.' `Do we have the same attitude toward people who over eat or drink far too much alcohol? `I am wondering where this will end. What's next on the list? Salt rationing, compulsory cholesterol tests, drink limitation? This country is a "Nanny State". We are being told how to live, eat, drink, breathe, act and react' So what is next on the list? Could employees become afraid to eat a chocolate bar in the office? Will we start to hear incidents where employees who follow a well...
Magazine issue | 1 Feb 2006
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Disability access: is it becoming clear yet?
...be allowed only if they can be shown to be appropriate and necessary. An increasing number of employers are organising their workforce planning around the best practice of not having any fixed retirement age at all. Yet while campaigners and organisations such as the Institute of Directors want the compulsory retirement age scrapped for ethical or business reasons, others are keen to keep it for succession planning reasons, for example. The Government intends to closely monitor the appropriateness of imposing a retirement age, proposing to formally review it five years after implementation. It makes ...
Magazine issue | 1 Sep 2005
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Business as usual? London bomb blasts
...be allowed only if they can be shown to be appropriate and necessary. An increasing number of employers are organising their workforce planning around the best practice of not having any fixed retirement age at all. Yet while campaigners and organisations such as the Institute of Directors want the compulsory retirement age scrapped for ethical or business reasons, others are keen to keep it for succession planning reasons, for example. The Government intends to closely monitor the appropriateness of imposing a retirement age, proposing to formally review it five years after implementation. It makes ...
Magazine issue | 1 Sep 2005
