Retirement

UK: Discrimination arising from disability – ‘unfavourable treatment’ test does not require comparison

The EAT has overturned a tribunal ruling that it was unlawful disability-related discrimination for an ill health early retirement pension to be based on an employee’s final salary, where the employee’s hours had been reduced prior to his early retirement … Continue reading

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Filed under Discrimination and equal pay, Jurisdiction: UK, Retirement

UK: Appeal news – tribunal fees, unfair dismissal compensation cap, retirement age

  UNISON has been granted permission to appeal to the Court of Appeal in its judicial review application challenging the introduction of tribunal fees, summarised here. Last year the upper limit on the unfair dismissal compensatory award was varied to the … Continue reading

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Filed under Discrimination and equal pay, Employment law reforms, Employment tribunal process, Jurisdiction: UK, Retirement

United Arab Emirates: Proposed reform to retirement and pension law

The Federal National Council (FNC) has called for widespread reform to retirement and pension laws in an effort to encourage more Emiratis to work in the private sector. The FNC’s proposed changes to the pension system include: permitting Emirati owners … Continue reading

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Filed under Employment law reforms, Jurisdiction: Middle East, Retirement

Spain: Proposed amendments to Spain’s state pension system

On 7 June 2013, a committee of experts appointed by the Spanish government was asked to prepare a report on the “sustainability factor” of the social security system. The report was commissioned pursuant to Act 27/2011 regarding the modernisation and … Continue reading

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Filed under Jurisdiction: Spain, Retirement

UK: Age discrimination – partnership mandatory retirement age of 65 lawful

Readers will be aware of the Supreme Court ruling in Seldon v Clarkson Wright & Jakes that a mandatory retirement age of 65 in a law firm partnership was potentially justifiable to achieve the legitimate aims of staff recruitment and … Continue reading

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Filed under Discrimination and equal pay, Jurisdiction: UK, Retirement

UK: Age discrimination – Supreme Court tinkers with law on retirement ages

In Seldon v Clarkson Wright and Jakes the Supreme Court has confirmed that employers need to give careful consideration when seeking to justify mandatory retirement ages. Inter-generational fairness and facilitating a dignified exit are confirmed as potential legitimate aims, but employers must … Continue reading

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Filed under Discrimination and equal pay, Jurisdiction: UK, Retirement

UK: Age discrimination – degree requirement needs to be justified

Employers should only impose requirements for job holders to have a degree if these can be justified. Where an employee was coming up to compulsory retirement age and therefore had insufficient time to acquire the degree required to be on … Continue reading

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Filed under Discrimination and equal pay, Jurisdiction: UK, Retirement

UK: Statutory default retirements – notices invalid if fail to refer to statutory provision

The Court of Appeal has confirmed that employer notices to retire employees under the old statutory default retirement age regime given prior to 6 April 2011 are invalid if they do not expressly state that the employee's right to request … Continue reading

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Filed under Jurisdiction: UK, Retirement

UK: Retirement – requests to continue working must be considered in good faith

The EAT has upheld a tribunal ruling that requests to continue working past retirement age (under the now defunct default retirement age statutory procedure) must be considered genuinely and in good faith. Employers should ensure that any policy of refusing … Continue reading

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Filed under Jurisdiction: UK, Retirement

UK: Statutory retirement notices which fail to specify the retirement date are invalid

Age discrimination: retirement notices which fail to specify the retirement date are invalid The EAT has ruled that a statutory retirement notice must specify the date of retirement and cannot simply refer to other documents, such as an employee handbook, … Continue reading

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Filed under Jurisdiction: UK, Retirement