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Retirement Cases

Reinhard Prigge, Michael Fromm and Volker Lambach v Deutsche Lufthansa AG (ECJ decision)

13 September 2011

Subjects Justification; Retirement; International case

Source (Lewis Silkin LLP)

The ECJ has held that a collective agreement prohibiting airline pilots from working after the age of 60 is incompatible with EU law and constitutes age discrimination.

Walsh v Tewkesbury Borough Council (ET Decision)

06 September 2011

Subjects Redundancy; Retirement; Pensions; Direct Discrimination

Source (Lewis Silkin LLP)

A decision to dismiss a 49 year old three months before his 50th birthday in order to avoid additional pension costs was direct age discrimination.

Fuchs and anor v Land Hessen (ECJ decision)

21 July 2011

Subjects Justification; Retirement; International case

Source (Lewis Silkin LLP)

This ECJ decision appears to suggest that costs alone will not be sufficient to justify discrimination

Compass Group v Ayodele (EAT decision)

15 July 2011

Subjects Retirement; Dismissal

Source (Lewis Silkin LLP)

The EAT upholds an Employment Tribunal decision that that an employer should consider a request to work beyond retirement “in good faith”.

Bailey v R&R Plant (Peterborough) Ltd (EAT decision)

18 May 2011

Subjects Retirement; Dismissal

Source (Lewis Silkin LLP)

This case concerned the statutory right to request to stay on beyond retire age and in particular paragraphs 2 and 5 of Schedule 6 of the Employment Equality (Age) Regulations 2006.

Howard v Campbell’s Caravans Ltd (EAT decision)

12 May 2011

Subjects Retirement; Dismissal

Source (Lewis Silkin LLP)

The EAT finds that a retirement notice stating the employee would retire "after his 65th birthday" complied with s98ZG of the Employment Rights Act 1996 and under Regulation 30 it was not unlawful age discrimination.

Georgiev v Tehnicheski universitet - Sofia

18 November 2010

Subjects Justification; Retirement; International case

Source (Lewis Silkin LLP)

The ECJ rules that a default retirement provision in the Bulgarian Labour Code may be justified.

Rosenbladt v Ollerking Gebaudereinigungsges.mbH

12 October 2010

Subjects Justification; Retirement; International case

Source (Lewis Silkin LLP)

The ECJ has held that a German law allowing compulsory retirement at 65 (state pension age) was justified age discrimination.

Andersen v Region Syddanmark

12 October 2010

Subjects Justification; Retirement; International case

Source (Lewis Silkin LLP)

The ECJ rules that a Danish law providing for severance payments for employees, but which excluded those who had attained pension age, constituted direct age discrimination which could not be justified.

Seldon v Clarkson Wright and Jakes (Court of Appeal decision)

28 July 2010

Subjects Redundancy; Retirement

Source (Lewis Silkin LLP)

The Court of Appeal rules that a partnership of solicitors can force partners to retire at 65.

Duggan v The Mayor and Burgesses of the London Borough of Hounslow (ET decision)

27 July 2010

Subject Retirement

Source (Lewis Silkin LLP)

In this interesting ET decision, Mrs Duggan came up with a creative argument to get around the default retirement age.

Newey v Sainsbury's Supermarkets Ltd (Employment Tribunal decision)

14 July 2010

Subjects Retirement; Dismissal

Source (Lewis Silkin LLP)

This is the sort of claim that employers may face when they no longer have the protection of being able to retire employees under the default retirement age exemption, which is being phased out from 6 April 2011.

Kraft Foods v Hastie

06 July 2010

Subjects Redundancy; Retirement

Source (Lewis Silkin LLP)

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.

Ayodele v Compass Group plc

28 June 2010

Subjects Retirement; Dismissal

Source (Lewis Silkin LLP)

An employment tribunal holds that the duty to consider procedure in the Age Regulations requires an employer to genuinely consider an employee's request to work beyond retirement.

Martin and others v Professional Game Match Officials Ltd

13 April 2010

Subjects Justification; Retirement

Source (Lewis Silkin LLP)

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

Source (Lewis Silkin LLP)

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

Source (Lewis Silkin LLP)

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

Source (Lewis Silkin LLP)

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

Source (Lewis Silkin LLP)

ECJ confirms that mandatory retirement is not unlawful.

Seldon v Clarkson Wright & Jakes (EAT decision)

19 December 2008

Subjects Justification; Retirement

Source (Lewis Silkin LLP)

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

Source (Lewis Silkin LLP)

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

Source (Lewis Silkin LLP)

Cleaner in a Dentist's is successful in her age discrimination claim