header-logo header-logo

04 November 2010
Issue: 7440 / Categories: Legal News , Employment
printer mail-detail

DRA abolition delay

Early retirement threat for older workers

Transitional arrangements for the repeal of the default retirement age are “unacceptable” and could lead to many older employees being retired early, the Employment Lawyers Association (ELA) has warned.

In July, the Department for Business, Innovation and Skills published its consultation, Phasing out the Default Retirement Age (DRA), proposing a six-month transitional period ending with full abolition in October 2011.

In its response to the proposals, the ELA recommended that the Advisory, Conciliation and Arbitration Service and the Equality and Human Rights Commission be given time to draw up “authoritative but non-prescriptive guidance” for employers.

Consequently, abolition of the default retirement age should be delayed until “at least” April 2012—otherwise, employers may retire older workers rather than face the uncertainty of keeping them on.

James Davies, chair of ELA’s working party on the proposals, says: “Clear codes and guidance will also provide a positive framework for retirement discussions for employees, rather than an annual ordeal during which employees have to argue for their right to continue working.”

The government could introduce rules where, for example, organisations above a particular size are required to produce “senior plans” or hold “staying on discussions” with employees above a specific age, he said.

The ELA further recommended that retirement be stated specifically to come within the “some other substantial reason” ground for dismissal or be listed as a potentially fair reason for dismissal in the Employment Rights Act 1996. This, the ELA says, would give employers and employees greater clarity than at present, where it is left to employers to argue that it comes within the scope of “some other substantial reason”.

Issue: 7440 / Categories: Legal News , Employment
printer mail-details

MOVERS & SHAKERS

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
back-to-top-scroll