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Retirement Cases
Kraft Foods v Hastie
06 July 2010
Subjects
Redundancy; Retirement
The EAT has confirmed that applying a cap to payments under a redundancy scheme to ensure that employees close to pension age do not receive a windfall can be justified as a proportionate means of achieving a legitimate aim.
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Martin and others v Professional Game Match Officials Ltd
13 April 2010
Subjects
Justification; Retirement
The Employment Tribunal rules that a retirement age of 48 for match officials is direct age discrimination.
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Petersen v Berufungsausschuss für Zahnärzte für den Bezirk Westfalen-Lippe
12 January 2010
Subjects
Justification; Retirement; International case
The ECJ has given their judgement on a German law setting a maximum age limit of 68 for dentists to be accredited to work in the German national health service.
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Age UK v Secretary of State for Business, Innovation and Skills – known as the “Heyday” case (High Court decision)
25 September 2009
Subjects
Justification; Retirement; Indirect Discrimination
The High Court has today given judgment on R (on the application of Age UK) v Secretary of State for Business, Innovation and Skills [2009] EWHC 2336 (Admin) – known as the “Heyday” case.
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Todd v Sanquhar Home Limited
26 June 2009
Subject
Retirement
A Scottish employment tribunal has considered the level of compensation to be awarded when an employer does not give notice of intended retirement to an employee within the required timescales.
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Age UK v Secretary of State for Business, Enterprise and Regulatory Reform - known as the "Heyday" case (ECJ decision)
05 March 2009
Subjects
Justification; Retirement; Indirect Discrimination
ECJ confirms that mandatory retirement is not unlawful.
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Seldon v Clarkson Wright & Jakes (EAT decision)
19 December 2008
Subjects
Justification; Retirement
The EAT rejects a law firm's claim that it is legitimate to retire partners at 65 as their performance declines at about that age.
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Johns v Solent SD Limited
14 October 2008
Subject
Retirement
Source
(Lewis Silkin LLP)
Following the Court of Appeal’s decision in the case of Johns v Solent all tribunal claims challenging a compulsory retirement will be stayed pending the outcome of the ‘Heyday’ case
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Palacios de la Villa v Cortefiel Servicios SA
30 September 2008
Subjects
Justification; Retirement; International case
Source
(Lewis Silkin LLP)
The European Court of Justice has decided that national laws on compulsory retirement at a particular age must be justified in order to be lawful.
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Age UK v Secretary of State for Business Enterprise and Regulatory Reform - known as the "Heyday" case (AG opinion)
30 September 2008
Subjects
Justification; Retirement; Indirect Discrimination
Source
(Lewis Silkin LLP)
The Advocate General has given an opinion stating that the compulsory retirement age of 65 in the Age Discrimination Regulations is potentially legal under EU law.
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Seldon v Clarkson Wright and Jakes (ET decision) and Hampton v Lord Chancellor and Ministry of Justice
04 December 2007
Subjects
Justification; Retirement
Source
(Lewis Silkin LLP)
The old statutory retirement procedure which, if correctly followed, would protect an employer from unfair dismissal and/or age discrimination claims, only applies to employees.
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Plewes v Adams Pork Produce
04 October 2007
Subjects
Retirement; Dismissal
An employee dismissed one day before his 65th birthday succeeded in his age discrimination claim.
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Martin v SS Photay & Associates
12 June 2007
Subjects
Justification; Retirement; Ill health and age; Dismissal
Cleaner in a Dentist's is successful in her age discrimination claim
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