Podcast Location:
Download it here [file size: 21.4 MB]
Categories:
Employment Law
CPD Points:
Up to 1 point. details »

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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 lawyers as a practical guide to dealing with issues of retirement following the UK government’s abolition of the age at which workers can be compulsorily retired. It aims to provide guidance on the way practitioner can advice employers on the options under new regime and the possible pitfalls that should be avoided. The podcast also touches on the impact this change will have on the concept of a unfair dismissal in UK employment law.

Outcomes:
After completing the course you will:
  • Understand the legal position on the compulsory retirement of employees before and after April 2011;
  • Be aware of the different options available to employers with respect to their retirement policies going forward;
  • Understand the possible ‘legitimate aims’ that employers could invoke to justify a contractual retirement age;
  • Understand the possible difficulties of being able to achieve a legitimate aim in a proportionate fashion;
  • Be aware of the likely increased resource required in the new regime to monitor employee’s performance;
  • Appreciate that any contractual solution will require renegotiation of existing contracts and how this might be achieved;
  • Be aware of the possible unfair dismissal implications that arise from abolishing the statutory retirement exemption.
Level:
General Interest Difficulty: 2 of 5
Classification:
Legislative Updates
Practical Guide
Sources and References:
  • Equality Act 2010;
  • Employment Equality (Age) Regulations 2006;
  • Seldon v Clarkson Wright & Jakes (A Partnership) & Anor [2010] EWCA Civ 899;
  • Martin v Professional Game Match Officials Ltd (PGMOL) [2010] ET/2802438/09;
  • Rosenbladt v Oellerking Gebäudereinigungsges mbH [2010] EUECJ (C-45/09).
Tags:

This podcast with employment partner Linky Trott of Edwin Coe LLP discusses the practical implications of the UK’s decision to abolish its retirement age - currently set at 65. The podcast will address the challenges facing employers who are thinking about retiring employees in the next few months and the possible grounds upon which this might be achieved.

Podcast added: 01/04/11

Podcast last reviewed: 2012-05-28

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