 |
| Quick Links » News Case law Law manual FAQs Tribunal decisions Videos and podcasts |
| News |
April 5: Public sector equality duty comes into force
The public sector equality duty came into force on 5 April 2011. Section 149 of the Equality Act 2010 provides for a single equality duty, which replaces the previous duties on race, gender and disability.
April 6: Default retirement age abolished
The provisions enabling employers to retire an employee at the age of 65 on the basis that he or she has reached the default retirement age, and the associated statutory retirement procedure, were repealed from 6 April 2011.
April 6: Positive action in recruitment and promotion introduced
The provision dealing with positive action in recruitment and promotion in the Equality Act 2010 came into force on 6 April 2011. |
Top  |
| Case law |
Age discrimination: Clause in collective agreement providing for automatic termination of contracts of employees who have attained the retirement age justified
In Rosenbladt v Oellerking Gebäudereinigungsges mbH [2011] IRLR 51 ECJ, the ECJ held that art.6(1) of the Equal Treatment Framework Directive does not necessarily preclude domestic legislation that permits the use of automatic termination clauses based on the retirement age, or the use of such clauses in collective agreements. The crucial issue is whether or not such measures are objectively justified.
Sexual orientation discrimination: Heterosexual man subjected to homophobic taunts fails in appeal
The Employment Appeal Tribunal has held that the employment tribunal was wrong to decide that employers have a positive duty to correct employees or ex-employees in relation to misapprehensions that they have about time limits for bringing claims. |
| Top |
| Employment law manual |
Employment law manual updates: Retirement and equal opportunities
The XpertHR employment law manual has been updated to reflect: the abolition of the default retirement age; the introduction of positive action in recruitment and promotion; and the commencement of the public sector equality duty under the Equality Act 2010.
|
| Top |
| Frequently asked questions |
› Do employers need to amend their recruitment and equal opportunities policies and procedures in light of the positive action provisions?
› Given that no two applicants will be identical in terms of their suitability for a post, how can employers show that they are as qualified as each other?
› After the abolition of the default retirement age, employers will have to justify objectively having a compulsory retirement age. What does this mean?
› If an employer does not retain an employer-justified retirement age, can it retire employees if this is justified on a case-by-case basis?
|
| Top |
| Employment tribunal decisions |
XpertHR provides summaries of recent employment tribunal rulings involving, among other things, age discrimination and sexual harassment.
› Age discrimination: Managers' comments put undue pressure on underperforming older worker to retire early
› Religion or belief discrimination: Journalist's belief in "higher purpose" of public service broadcasting is philosophical belief
› Sexual harassment: Manager's "sexual favours" remark was not sexual harassment
› Age discrimination: Football officials suffered age discrimination
› Sex discrimination: Boss did not "groom" employee for sexual relations
› Religion or belief discrimination: Muslim boss discriminated against Muslim employee of different Islamic sect
|
| Top |
| Videos and podcasts |
Outlook video: Final possible retirements under the default retirement age
XpertHR's head of content Jo Stubbs and senior employment law editor Clio Springer discuss which retirements can continue through to completion using the default retirement age and the statutory retirement procedure, which was abolished on 6 April 2011.
Podcast: Positive action and succession planning
On this week's XpertHR Weekly, we discuss s.159 of the Equality Act 2010, which permits positive action in recruitment and promotion. We are joined by special guest, employment law trainer and consultant editor, Darren Newman, who discusses s.159, identifying possible problems with it, and the resulting uncertainties and legal risks for employers taking positive action. We also discuss the findings of the latest XpertHR survey on succession planning.
Podcast: Justifying a compulsory retirement age
On this week's XpertHR Weekly, we focus on the legal obstacles facing employers that wish to retain a compulsory retirement age after the default retirement age is abolished. We are joined by special guest, employment lawyer at Nabarro LLP, Michal Stein, who explains: the legal defence that employers must employ to retain a compulsory retirement age on and after
6 April 2011; how employers should approach the issue of justification; what kinds of legitimate aims may constitute sufficient justification; and the problems with health and safety as a legitimate aim. |
| Top |
|
 |
| Editor's message |
 |
ABOLITION OF DRA
The default retirement age of 65 and associated statutory retirement procedure were abolished with effect from 6 April 2011. Employers are now prohibited from issuing new notifications of retirement under the former statutory procedure, even where the employee concerned has reached the age of 65, or the employer's normal retirement age, if higher. The compulsory retirement of an employee will amount to direct age discrimination under the Equality Act 2010 unless the employer can establish that the use of a compulsory retirement age is objectively justified.
Retirement is no longer a potentially fair reason for dismissal under s.98 of the Employment Rights Act 1996. Accordingly, employers that compulsorily retire an employee must also establish a potentially fair reason for dismissal under s.98 and follow a fair procedure to ensure that the dismissal is fair.
The exception that permits age discrimination in recruitment provided that the prospective employee was over the age of 65 - or would reach the age of 65 within six months from the date on which the application for employment had to be made - was also removed on 6 April 2011.
 Jeya Thiruchelvam
Equal opportunities editor,
XpertHR
|
 |
|
|
|
 |
|
 |
This email has been sent to luke.smith@rbi.co.uk
Unsubscribe from future equal opportunities emails.
Disclaimer
This message is intended only for the use of the person(s) ("Intended Recipient") to whom it is addressed. It may contain information, which is privileged and confidential. Accordingly any dissemination, distribution, copying or other use of this message or any of its content by any person other than the Intended Recipient may constitute a breach of civil or criminal law and is strictly prohibited. If you are not the Intended Recipient, please contact the sender as soon as possible.
© Reed Business Information Ltd +44 (0)20 8652 3500 | Terms and Conditions | Privacy Policy
Registered Office: Reed Business, Quadrant House, 9th Floor, The Quadrant, Sutton, SM2 5AS.
Registered in England & Wales: 151537 |
|
