Podcast Location:
Download it here [file size: 21.1 MB]
Categories:
Employment Law
CPD Points:
Up to 1 point. details »

Due to the difference in guidelines between the SRA and the Bar Standards Board, CPD points are awarded differently for Solicitors, Barristers and Legal Executives:

Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Regulated by the Bar Standards Board:
Listen and pass the quiz: Gain 1 accredited CPD point (60 minutes)

Regulated by ILEX:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Cost:
  • FREE
Length:
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Contributor(s):
Course Aims:

This podcast is aimed at employment and pensions lawyers and will first discuss the parameters of the UK’s age discrimination laws and how discrimination claims can arise. It will go on to examine the extent to which otherwise unlawful discrimination on grounds of age might be justified and what specific exemptions apply to pension schemes.

The podcast will look at a number of circumstances in which a discrimination argument might arise and the law’s response. The final section of the podcast addresses the potential issues for employers, trustees and their advisors once the UK’s default retirement scheme is abolished.

Outcomes:
After completing the course you will:
  • Be aware of the parameters of the UK’s age discrimination laws and how discrimination claims can arise;
  • Know the difference between direct and indirect age discrimination;
  • Be aware of the extent of the specific exemptions from anti-discrimination law available for pension schemes;
  • Know what practices in relation to pension schemes are not expressly exempted by legislation;
  • Be aware of the means by which a discriminatory practice might be justified;
  • Be aware of what counts as a proportionate means of achieving a legitimate aim in the context of pensions;
  • Be aware of the potential for discrimination arguments to flare up in the context of flexible retirement and the rights of employee to continue to accrue benefits post retirement;
  • Be aware of the implications for pension scheme trustees that breach discrimination law and extent of the trustee's duties to consider whether a justification is reasonable.;
  • Know whether a discriminatory scheme can be remedied;
  • Understand what is meant by the ‘Barber Window’ and whether levelling a scheme up or down constitutes unlawful discrimination;
  • Understand the possible consequences of the abolition of the UK’s default pension age in 2011;
  • Be aware of the grounds on which discrimination might be objectively justified when the current default age exemption is removed.
Level:
Beginner Difficulty: 1 of 5
Classification:
Legal Principles
Sources and References:
  • Equality Act 2010;
  • Employment Equality (Age) Regulations 2006;
  • Seldon v Clarkson Wright & Jakes (A Partnership) & Anor [2010] EWCA Civ 899.
Tags:

This podcast looks at the relationship between the general prohibition of discrimination on grounds of age and pensions entitlements – which are often inherently discriminatory on grounds of age.

Podcast added: 28/02/2011

Podcast last reviewed: 2011-08-30

Start this CPDcast Activity

© CPDcast.com