Archive for the 'retirement' Category

Supreme Court tasked with setting compulsory retirement precedent – The Lawyer

“What legitimate social policy could justify retiring a partner or employee?

The Supreme Court will decide after Clarkson Wright & Jakes partner Leslie ­Seldon was given permission to fight his former firm over its decision to retire him at the age of 65.
Seldon argues that his firm was wrong to enact the partnership agreement and retire him because, he claims, it could not justify the action.”

Full story

The Lawyer, 7th March 2011

Source: www.thelawyer.com

Government confirms retirement age to be scrapped from April 2011 – OUT-LAW.com

“The Government will scrap the default retirement age (DRA) later this year, despite calls from business to continue to allow them to force workers to retire at 65.”

Full story

OUT-LAW.com, 13th January 2011

Source: www.out-law.com

Seldon v Clarkson Wright & Jakes (Secretary of State for Business, Innovation and Skills intervening) – WLR Daily

Seldon v Clarkson Wright & Jakes (Secretary of State for Business, Innovation and Skills intervening) [2010] EWCA Civ 899; [2010] WLR (D) 206

 “A rule providing for the compulsory retirement at 65 of partners in a firm of solicitors was a proportionate means of achieving legitimate aims relating to recruitment and promotions within the firm.”

WLR Daily, 28th July 2010

Source: www.lawreports.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Scrapped retirement age will live on in private sector, says expert – OUT-LAW.com

“The Government will scrap the law allowing organisations to force workers to retire at 65 but companies will find it easier than ever to run their own compulsory retirement schemes in the wake of a Court of Appeal ruling yesterday, an expert has said.”

Full story

OUT-LAW.com, 29th July 2010

Source: www.out-law.com

Kent lawyer loses retirement age discrimination case – BBC News

“A Kent lawyer who sued his own firm of solicitors when he was made to stop work at 65 has lost his discrimination case at the Court of Appeal.”

Full story

BBC News, 29th July 2010

Source: www.bbc.co.uk

ITN faces court challenge over pensions – The Guardian

“ITN is facing a high court legal challenge over plans to dramatically reduce pension payments made to the families of former employees.”

Full story

The Guardian, 21st July 2010

Source: www.guardian.co.uk

Equality Commission calls for over-65s to keep working – BBC News

“People should be allowed to work beyond the age of 65 and with more flexible hours, the Equality and Human Rights Commission has said.”

Full story

BBC News, 25th January 2010

Source: www.bbc.co.uk

Government begins consultation on retirement age – OUT-LAW.com

“The Government has asked business to give its views on raising the default retirement age beyond 65 in the aftermath of a court case which declared that retirement age lawful.”

Full story

OUT-LAW.com, 30th October 2009

Source: www.out-law.com

Default retirement age abolished for top civil servants – Daily Telegraph

“The default retirement age for senior civil servants is to be abolished, the Government announced yesterday, as experts said it paves the way for the rule to be changed for all workers.”

Full story

Daily Telegraph, 1st October 2009

Source: www.telegraph.co.uk

Court wants change to retirement law – The Independent

“Campaigners fighting to end the mandatory retirement age have pinned their hopes on a Government review of the law after losing a key legal battle in the courts.”

Full story

The Independent, 25th September 2009

Source: www.independent.co.uk

Judge demands Government scrap compulsory retirement age – The Times

“The Government faces overwhelming calls to scrap the compulsory retirement age of 65 after a High Court judge ruled today that in the current economic climate it was likely to be unlawful.”

Full story

The Times, 25th September 2009

Source: www.timesonline.co.uk

Related link: Timeline: the battle against enforced retirement

Retirement age judgement expected – BBC News

“A judgement on whether it is legal for UK employers to force workers to retire at the age of 65 is expected later.”

Full story

BBC News, 25th September 2009

Source: www.bb.co.uk

Retirement age review brought forward – The Independent

“A review of the so-called default retirement age, which allows employers to require staff to retire at 65, is to be brought forward by a year, the Government announced today.”

Full story

The Independent, 13th July 2009

Source: www.independent.co.uk

Solicitor Leslie Seldon’s retirement age challenge at appeal court – The Times

“A solicitor who was forced to leave his job at the age of 65 will bring a test appeal today in the first challenge over compulsory retirement to reach the Court of Appeal.”

Full story

The Times, 13th July 2009

Source: www.timesonline.co.uk

Foster Wheeler Ltd v Hanley and others – WLR Daily

Foster Wheeler Ltd v Hanley and others [2009] EWCA Civ 651; [2009] WLR (D) 235

“The court considered the principles to be applied by pension scheme trustees when deciding how UK pension schemes were to pay benefits to members following recent developments in European pensions law relating to equalisation of retirement ages.”

WLR Daily, 9th July 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Judges fail in Tribunal bid to extend working lives beyond 70 – The Times

“Two judges fighting to work beyond the age of 70 have lost their case, the Tribunals Service has said. ”

Full story

The Times, 26th March 2009

Source: www.timesonline.co.uk

Seventy is far too early for a supreme court judge to retire . . . – The Times

“The Lord Chancellor will soon be announcing who will fill the vacancies on the new supreme court, which begins work in October when the law lords move across Parliament Square to Middlesex Guildhall. There is a very strong case for increasing the retirement age for supreme court justices from 70 to 75. In 1916 the Earl of Halsbury heard a case on the Appellate Committee of the House of Lords at 92. The Judicial Pensions and Retirement Act 1993 now provides that judges must retire at 70. There is an exception for those first appointed to a judicial office before March 31, 1995. They can continue working until 75.”

Full story

The Times, 26th March 2009

Source: www.timesonline.co.uk

R (Incorporated Trustees of the National Council on Ageing (Age Concern England)) v Secretary of State for Business, Enterprise and Regulatory Reform – WLR Daily

R (Incorporated Trustees of the National Council on Ageing (Age Concern England)) v Secretary of State for Business, Enterprise and Regulatory Reform (Case C-388/07); [2009] WLR(D) 82

“National rules allowing compulsory dismissal at retirement age and non-recruitment of persons of retirement age were not contrary to Community law provided that they were justified by legitimate social policy objectives and were appropriate and necessary for achieving such objectives.”

WLR Daily, 6th March 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Regina (Incorporated Trustees of the National Council on Ageing (Age Concern England)) v Secretary of State for Business, Enterprise and Regulatory Reform – Times Law Reports

Regina (Incorporated Trustees of the National Council on Ageing (Age Concern England)) v Secretary of State for Business, Enterprise and Regulatory Reform

Court of Justice of the European Communities

“European member states could lawfully provide in their employment legislation for certain kinds of differences in treatment on the ground of age if those differences were objectively and reasonably justified by a legitimate aim such as employment policy, but the member states had the burden of establishing, to a high standard of proof, the legitimacy of the aim relied on as a justification.”

The Times, 9th March 2009

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Forcing out judges at 70 ‘threatens supreme court’ – The Times

“Judges are pressing for a change in the law to allow the most senior members of their profession to remain in their posts beyond the age of 70.”

Full story

The Times, 2nd February 2009

Source: www.timesonline.co.uk

EAT rules law firms can force partners to retire – The Times

“Law firms will be able to enforce a mandatory retirement age for partners following a landmark ruling that clarifies how age discrimination laws apply to partnerships.”

Full story

The Times, 5th January 2009

Source: www.timesonline.co.uk

Foreigners banned from retiring to Britain – Daily Telegraph

“Pensioners oustside the EU will be banned from moving to Britain to retire, it has been disclosed.”

Full story 

Daily Telegraph, 5th November 2008

Source: www.telegraph.co.uk

Elderly expats lose appeal over pensions – The Times

“British pensioners resident in Commonwealth countries have had their appeal for better pensions rejected.”

Full story

The Times, 4th November 2008

Source: www.timesonline.co.uk

EU setback for workers fighting retirement at 65 – The Times

“UK employees hoping to keep their jobs beyond the age of 65 suffered a setback today when an adviser to Europe’s top court said Britain’s mandatory retirement age was acceptable under EU law.”

Full story

The Times, 23rd September 2008

Source: www.timesonline.co.uk

Setback in retirement age battle – BBC News

“A challenge to the right of employers to make people retire at 65 has been rejected by a European court adviser.”

Full story

BBC News, 23rd September 2008

Source: www.bbc.co.uk

Solicitor fights ‘ageist’ law firm which forced him to retire at 65 years old – The Times

” A solicitor who was forced by his law firm to retire at 65 will lodge a test appeal today, claiming that he was the victim of age discrimination.”

Full story

The Times, 14th July 2008

Source: www.timesonline.co.uk

Court fight centres on retirement – BBC News

“Employers across the UK could lose the right to make people retire at 65, as a result of a case being heard at the European Court of Justice.”

Full story

BBC News, 2nd July 2008

Source: www.bbc.co.uk

Retirement? I’m far, far too young – The Times

“Judges can go on until 70. Top solicitors reach their sell-by date at 55 — or sooner. What happens when leading names in corporate firms have to move on?”

Full story

The Times, 4th March 2008

Source: www.timesonline.co.uk

Jack Straw forced to back down on early retirement for judges – The Times

“Hundreds of judges will be allowed to stay in their jobs until the age of 70 after the Lord Chancellor was today forced to back down over making them retire at 65.”

Full story

The Times, 26th February 2008

Source: www.timesonline.co.uk

Policy review after judge forced to retire wins age bias case – The Guardian

“A part-time judge, forced to retire after reaching the age of 65, has won an unprecedented age discrimination claim against the lord chancellor, Jack Straw, and could get up to £200,000 compensation if the Ministry of Justice does not let him return to sit as recorder.”

Full story

The Guardian, 23rd January 2008

Source: www.guardian.co.uk

Firms could face big payouts over forced retirement at 65 – The Guardian

“Lawyers are warning employers that they could be laying themselves open to large compensation claims if they force workers to retire at 65 – even though the current law allows them to do so.”

Full story

The Guardian, 19th November 2007

Source: www.guardian.co.uk

Palacios de la Villa v Cortefiel Servicios SA – Times Law Reports

National employment policy justifies age bias

Palacios de la Villa v Cortefiel Servicios SA Case C-411/05

“Although a domestic law providing for compulsory dismissal from employment at a set retirement age constituted direct discrimination on the ground of age, contrary to an EC directive, it was justified if it pursued a legitimate aim of national employment policy, such as distributing employment between generations, and if it was appropriate and necessary for that objective.”

The Times, 23rd October 2007

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Palacios de la Villa v Cortefiel Servicios SA – WLR Daily

Palacios de la Villa v Cortefiel Servicios SA (Case C-411/05)

“Although a Spanish law permitting compulsory retirement at age 65 gave rise to a difference in treatment directly based on age, as referred to in art 2 of Directive 2000/78 establishing a general framework for equal treatment in employment and occupation, it was justified under art 6 as a measure having a legitimate aim relating to employment policy.”

WLR Daily, 16th October 2007

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

EU says you’re high and dry at 65 – The Times

“UK workers hoping to keep their jobs beyond the age of 65 suffered a severe blow today after Europe’s highest court approved controversial laws that effectively allow employers to force out staff once they reach their country’s mandatory retirement age.”

Full story

The Times, 16th October 2007

Source: www.timesonline.co.uk


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