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In her Speech delivered at the opening of Parliament last week, the Queen announced Bills to be introduced in the next session of Parliament up to Spring 2013.
Of interest are the Enterprise and Regulatory Reform Bill, the Children and Families Bill and the Crime and Courts Bill.
The scope of further reforms which are set out in a number of Bills include:
Overhaul of the Tribunal system.
Blog Article | Last updated: 16/05/2012 15:07:00
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The case of Seldon v Clarkson Wright and Jakes illustrated that the test for justifying direct age discrimination is different and narrower than the general test for justifying indirect discrimination.
In this case a partner from the Respondent firm of solicitors was forced to retire at the age of 65. It was found that the compulsory retirement age contained in the firm's deed of partnership wa
Blog Article | Last updated: 15/05/2012 14:23:00
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From 6 April 2011, the statutory default retirement age of 65 was abolished. Consequently, any retirement dismissal taking place on or after 6 April 2011 (and not falling within the transitional provisions below) will constitute direct age discrimination, unless retirement at that age can be objectively justified.
Moreover, retirement is no longer a fair statutory reason for dismissal, meaning employers will have to show that the dismissal of an older worker is for one of the five potentially fair reasons for dismissal and that a fair dismissal procedure was followed.
Termination HR Resources | Last updated: 30/04/2012 11:14:00
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In the case of Homer v Chief Constable of West Yorkshire Police both the EAT and the Court of Appeal rejected the claim of indirect age discrimination. Mr Homer held a role working for the Police National Legal Database. A new grading structure was introduced, which required employees to hold a law degree to reach the highest grade. In order to get a law degree, Mr Homer would have needed to s
Blog Article | Last updated: 26/04/2012 12:51:00
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The Court of Appeal has now heard the appeal in the case of R&R Plant (Peterborough) Ltd v Bailey and has upheld the EAT's decision from last year.
This shows that a strict interpretation of the (now defunct) Employment Equality (Age) Regulations 2006, is being enforced and employers need to be aware that a letter sent notifying an employees of their intended retirement date may fail to comply
Blog Article | Last updated: 02/04/2012 17:05:00
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In Woodcock v Cumbria Primary Care Trust the Court of Appeal upheld the view of the tribunal that a redundancy dismissal, of which the purpose was to avoid the cost of an enhanced pension if the employee was still employed at the age of 50, was justified age discrimination.
The Court explained that while the age discrimination legislation does not exclude cost considerations from the justificati
Blog Article | Last updated: 28/03/2012 16:00:00
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1.On 6 April 2011, the statutory default retirement age of 65 was abolished. Consequently, any retirement dismissal on or after 6 April 2011 (and not falling within the transitional provisions below) will constitute direct age discrimination, unless retirement at that age can be objectively justified. Moreover, retirement is no longer a fair statutory reason for dismissal, meaning employers have to show that the dismissal of an older worker is for one of the five potentially fair reasons for dismissal and that a fair dismissal procedure was followed.
Termination HR Resources | Last updated: 07/02/2012 16:26:00
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Find out about all persons engaged in the business or service, and whether they are directors, employees, workers, agency workers, consultants, contractors or sub-contractors and who is eligible to transfer.
Copy of standard contracts upon which employees are engaged and details of anyone not engaged on a standard contract.
Do they have permission to work in the UK?
What is their date of birth and sex?
What is their retirement age, job title and grade details (if applicable)? Please note that the default retirement age was abolished with effect from 6 April 2011, subject to transitional provisions. Following the abolition of the default retirement age organisations may choose to have no retirement age at all. If a retirement age is retained, organisations will need to objectively justify that age and evidence would be required to support that objective justification. Please see Retirement Update Factsheet for more information on the transitional provisions.
TUPE HR Resources | Last updated: 07/02/2012 16:18:00
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Purpose & Scope
The purpose of a disciplinary procedure is to ensure the safe and effective operation of the business and to promote fair treatment of individual employees. The following procedure provides a framework to address any lapses in conduct, [attendance or job performance] and encourages individual employees to achieve and maintain an acceptable standard.
This procedure applies to all employees. It does not form part of your terms and conditions of employment.
This policy does not apply to dismissals, where the employment is terminated for a reason unconnected to disciplinary action, such as in the event of redundancy, retirement, or non-renewal of a fixed term contract. If these situations arise the Company will follow a fair and reasonable procedure, which will include consultation with you prior to any dismissal taking effect. [Please note that the default retirement age is being abolished with effect from 6 April 2011, subject to transitional provisions. Please see Retirement Update Factsheet for further information.] [Further details can be found in the Company's Redundancy Policy and the Retirement Policy.]
Discipline & Grievance HR Resources | Last updated: 06/02/2012 16:45:00
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Employers need to take care when dismissing all employees, to ensure that there is no element of age discrimination in the dismissal.
On 6 April 2011, the default retirement age was abolished making dismissals on the grounds of retirement a lo
Discrimination HR Resources | Last updated: 06/02/2012 10:17:00
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