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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.

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.

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.

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.

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.

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.

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.

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

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.

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.

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.

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.

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