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05 August 2010
Issue: 7429 / Categories: Legal News
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Employers unsure on default retirement

Business representatives have warned the decision to scrap the Default Retirement Age will raise “complex legal and employment questions”.

Business representatives have warned the decision to scrap the Default Retirement Age (DRA) will raise “complex legal and employment questions”.
The government has said it will phase out the DRA from 6 April 2011. All accompanying statutory retirement procedures, such as the right of employees to request to work beyond their retirement age, will be removed. 

Employers will continue to be able to justify objectively a compulsory retirement age  as a proportionate means of achieving a legitimate aim.
John Cridland, CBI deputy director-general, says that scrapping the DRA will leave a vacuum, and raise a large number of complex legal and employment questions, which the government has not yet addressed, creating uncertainty among employers and staff, who do not know where they stand. “There will need to be more than a code of practice to address these practical issues,” he says.

Stephen Riley, director of specialist recruiters Intapeople, says the decision to abandon the DRA could have major repercussions for the UK’s younger workers. “A typical scenario after a senior member of staff retires is that a colleague is promoted  and a junior-level worker is brought on board. Any delay in this process puts additional pressure on the government to find new ways of encouraging business growth and creating jobs for our younger population.” (Read more)

Issue: 7429 / Categories: Legal News
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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
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