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Employment Law
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Listen and pass the quiz: Gain 1 CPD point (60 minutes)
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Regulated by ILEX:
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  • FREE
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Course Aims:

This podcast is aimed employment lawyers or those with HR responsibility. Following the abolition of the UK's default retirement age in 2011, age discrimination must now be justified in order to be lawful. For employers looking to retire employees, they must now justify why. This podcast reviews the most recent and authoritative judicial statements on the justifications for discrimination on grounds of age following the Supreme Court judgments in Seldon and Homer.

After completing the course you will:
  • Understand the structure of the new prohibitions on age discrimination set out in the Equality Act 2010;
  • Understand the current position if an employer wishes to retire an employee following the abolition of the DRA;
  • Understand the relevant facts and issues in Seldon and its relevance to employment cases;
  • Know the permissible justifications for compulsorily retiring an employee;
  • Understand what the Supreme Court considers to be a legitimate aim in having a retirement policy;
  • Understand to what extent a retirement justification has to apply to the individual who is being retired or whether a general justification will suffice;
  • Understand where the UK court’s position fits with the jurisprudence developed by the ECJ on the continent;
  • Know to what extent Seldon is a blueprint for how employers go about putting together an EJRA in the future;
  • Know the facts and issues in Homer;
  • Understand the extent to which justification for direct and indirect discrimination is the same exercise.
General Interest Difficulty: 2 of 5
Case Update
Legal Principles
Sources and References:
  • Seldon v Clarkson Wright and Jakes (A Partnership) [2012] UKSC 16;
  • Homer v Chief Constable of West Yorkshire [2012] UKSC 15.

In this podcast with specialist employment and discrimination barrister Rachel Crasnow we discuss the state of the law concerning the justifications available to employers in order to discriminate against employees on the grounds of age, specifically in the context of retirement.

Podcast added: 21/05/12

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