Tag Archives: 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

Leave a Comment

Filed under Jurisdiction: UK, Workplace culture, diversity and discrimination (including bullying and harassment)

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 lower … Continue reading

Leave a Comment

Filed under Employment-related claims- procedure and form, Jurisdiction: UK, Workplace culture, diversity and discrimination (including bullying and harassment)

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

Leave a Comment

Filed under Jurisdiction: Middle East, Remuneration (including bonus and incentive plans)

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

Leave a Comment

Filed under Jurisdiction: Spain

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

Leave a Comment

Filed under Jurisdiction: UK, Workplace culture, diversity and discrimination (including bullying and harassment)

The key elements of Spanish labour reform: Act 3/2012, of 6 July, of urgent measures to reform the employment market

Act 3/2012, of 6 July, of urgent measures to reform the employment market was published in the Official State Journal on 7 July, following the passing of Royal Decree-Law 3/2012 as an ordinary law by the Spanish parliament. The main … Continue reading

Leave a Comment

Filed under Industrial/workplace relations, collective bargaining, works councils, Jurisdiction: Spain, Termination of employment, Working hours (including holiday, sick leave, overtime, rest breaks), Workplace flexibility and family-friendly rights

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

Leave a Comment

Filed under Jurisdiction: UK, Workplace culture, diversity and discrimination (including bullying and harassment)

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

Leave a Comment

Filed under Jurisdiction: UK, Workplace culture, diversity and discrimination (including bullying and harassment)

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

Leave a Comment

Filed under Jurisdiction: UK

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

Leave a Comment

Filed under Jurisdiction: UK