Tag Archives: age discrimination

Selecting a Retirement Age: Is 65 just a number?

Summary The EAT has issued a decision in the well-known and long-running retirement case of Seldon v Clarkson Wright and Jakes, which dealt with the question: Was the retirement age of 65 PROPORTIONATE to achieve the firm’s stated aims of retention of staff and workforce planning? Following the removal of the default retirement age, employers … Continue Reading

UK Supreme Court rules on two important age discrimination cases

Following abolition of the national default retirement age of 65 last year, the Government left open the possibility for employers to introduce their own “employer justified retirement age” provided the age set was capable of being objectively justified in order to meet the employer’s legitimate aims for introducing this policy.   A recent decision of the … Continue Reading

‘Costs plus’ approach to justifying discrimination in the UK endorsed by the Court of Appeal

The Court of Appeal in Woodcock v North Cumbria Primary Care Trust has ruled that the savings of costs alone will not, without more, amount to a legitimate aim so as to justify discrimination. In this case, Mr Woodcock was dismissed by reason of redundancy just before his 50th birthday in order to avoid his qualifying … Continue Reading

Phasing out the UK default retirement age: legal update

In our last update, we reported that the UK Government had issued its response to its consultation “Phasing out the Default Retirement Age”, confirming that from 1 October 2011 there will no longer be a default retirement age (DRA) of 65. Draft Regulations were laid before Parliament in February but after much criticism over how they … Continue Reading

UK Government’s final decision on plans to phase out the default retirement age

The UK Government has now issued its response to its consultation “Phasing out the Default Retirement Age”, confirming that the default retirement age (DRA) of 65 will be abolished from 1 October 2011. The last retirement notice under the current procedure should be issued by no later than 30 March 2011, so employers have very little … Continue Reading

Can cost justify age discrimination in the UK?

The established view that cost considerations by themselves cannot justify age discrimination in the UK has been questioned in the recent decision of the Employment Appeal Tribunal (“EAT”) in Woodcock -v- North Cumbria Primary Care Trusts. The EAT in this case upheld the Tribunal’s decision that a redundancy dismissal timed so as to avoid ‘enhanced’ early retirement … Continue Reading

Justifying Age Discrimination

The European Court of Justice (ECJ) has ruled that the protection of patients from declining performance of dentists due to their age may be a legitimate aim justifying difference in treatment on the grounds of age. However, whilst setting a maximum practising age of 68 for German national health service dentists is potentially lawful under the … Continue Reading
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