Tuesday, February 5, 2008
Age Discrimination: 5 Steps To Knowing When An Employee is Unfairly Dismissed By Way Of Retirement
The Employment Equality (Age) Regulations 2006 - SI No 2006/1031 - came into force on 1 October 2006 to protect employees from being dismissed unfairly by reason of their age. The Age Regulations make it unlawful to discriminate against employees, job seekers and trainees because of their age both old and young. The protection covers direct and indirect discrimination, harassment and victimization. Employers and employees alike must familiarise themselves with these far reaching changes.
This article addresses:
(1) the particular unfairness of early retirement which essentially involves retirement ages being arbitrarily fixed below 65 without justification; and
(2) the requirement for a fair procedure to be followed in all retirement dismissals. Section 98 of the Employment Rights Act 1996 is amended to include a new potentially fair reason for dismissal - that of retirement. As with other reasons for dismissal, it remains the case that the employer must "show" any Employment Tribunal what the reason for dismissal is.
If the employer wishes to be able to rely on retirement as a reason for dismissal, the chances of successfully doing so are greatly increased if he follows the procedures set out in the Age Regulations. That is to say that at least 6 months prior to the dismissal (but no more than a year prior to the dismissal) he notifies the employee of the date on which he intends that the employee should retire and he informs the employee that the employee has a right to request to work beyond retirement age. This is known as the 6 month rule.
The Age Regulations remove the upper age limit for claiming unfair dismissal and redundancy and give older workers the same rights to claim unfair dismissal or receive a redundancy payment as younger workers, unless there is a genuine retirement.
Where Retirement Dismissal Is Unfair
There are 5 circumstances where genuine retirement cannot be the reason for dismissal no matter what the employer argues in an Employment Tribunal and where dismissal will therefore be unfair. Those 5 circumstances of unfair dismissal are:
No Fixed Retirement Ages Specified
(1) The employee has no fixed retirement age, but the dismissal takes effect before the employee reaches the age of 65. The default retirement age in the absence of one having been specified is now 65. It should be noted, however, that an employer will not be able to rely on the default retirement age of 65 to retire employees earlier than he would otherwise, for example if the employees retirement aged had previously been set at 68.
Fixed Retirement Ages Specified
(2) The employer has a fixed retirement age which is below the age of 65, the dismissal takes effect after that age, but the reduced retirement age is not objectively justified. This means that the employer has to establish what objective and proportionate reason exists to warrant a lower retirement age. This will be rare.
(3) The employee has a fixed retirement age whether above or below 65, but the employee is dismissed for retirement before the employee reaches that previously fixed age.
6 Months Notice Rule
(4) The employee has a fixed retirement age over the age of 65, the employer gives notice to dismiss within the 6 months rule, but the dismissal takes effect before the intended date of retirement date so notified.
(5) The employer does not notify the employee in accordance with the 6 months rule, but he does notify the employee of an intended date of retirement, but the dismissal takes effect before that intended date of retirement.
Right to work beyond the intended retirement date
If the employee indicates his wish to exercise his right to request working beyond the intended retirement date the employer must arrange a meeting. If the employer has notified in accordance with the 6 months rule, the request must be made at least 3 months but not more than 6 months before the intended date of retirement. If the employer has failed to notify in accordance with the 6 months rule, the request can be made at any time within the six month period before the intended date of retirement.
The employer must hold a meeting with the employee within a reasonable period after receiving the request unless, during that period, the employer and employee agree that the employee is to retire later or it is not practicable to hold a meeting within the period. If it is not practicable to hold a meeting within the period the employer must still consider the request.
Copyright 2006 Ian Mann
Ian Mann is an Employment Barrister at 13 Kings Bench Walk, Temple, London and was called to the Bar in 2000. He practices in employment disputes representing both employers and employees. His employment practice embraces the full spectrum of Employment Tribunal, High Court and appellate work and covers all areas of employment law, especially discrimination. See his website at http://www.employment-barrister-uk.com.Florence Sc Newspaper
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¶ 8:06 PM
This article addresses:
(1) the particular unfairness of early retirement which essentially involves retirement ages being arbitrarily fixed below 65 without justification; and
(2) the requirement for a fair procedure to be followed in all retirement dismissals. Section 98 of the Employment Rights Act 1996 is amended to include a new potentially fair reason for dismissal - that of retirement. As with other reasons for dismissal, it remains the case that the employer must "show" any Employment Tribunal what the reason for dismissal is.
If the employer wishes to be able to rely on retirement as a reason for dismissal, the chances of successfully doing so are greatly increased if he follows the procedures set out in the Age Regulations. That is to say that at least 6 months prior to the dismissal (but no more than a year prior to the dismissal) he notifies the employee of the date on which he intends that the employee should retire and he informs the employee that the employee has a right to request to work beyond retirement age. This is known as the 6 month rule.
The Age Regulations remove the upper age limit for claiming unfair dismissal and redundancy and give older workers the same rights to claim unfair dismissal or receive a redundancy payment as younger workers, unless there is a genuine retirement.
Where Retirement Dismissal Is Unfair
There are 5 circumstances where genuine retirement cannot be the reason for dismissal no matter what the employer argues in an Employment Tribunal and where dismissal will therefore be unfair. Those 5 circumstances of unfair dismissal are:
No Fixed Retirement Ages Specified
(1) The employee has no fixed retirement age, but the dismissal takes effect before the employee reaches the age of 65. The default retirement age in the absence of one having been specified is now 65. It should be noted, however, that an employer will not be able to rely on the default retirement age of 65 to retire employees earlier than he would otherwise, for example if the employees retirement aged had previously been set at 68.
Fixed Retirement Ages Specified
(2) The employer has a fixed retirement age which is below the age of 65, the dismissal takes effect after that age, but the reduced retirement age is not objectively justified. This means that the employer has to establish what objective and proportionate reason exists to warrant a lower retirement age. This will be rare.
(3) The employee has a fixed retirement age whether above or below 65, but the employee is dismissed for retirement before the employee reaches that previously fixed age.
6 Months Notice Rule
(4) The employee has a fixed retirement age over the age of 65, the employer gives notice to dismiss within the 6 months rule, but the dismissal takes effect before the intended date of retirement date so notified.
(5) The employer does not notify the employee in accordance with the 6 months rule, but he does notify the employee of an intended date of retirement, but the dismissal takes effect before that intended date of retirement.
Right to work beyond the intended retirement date
If the employee indicates his wish to exercise his right to request working beyond the intended retirement date the employer must arrange a meeting. If the employer has notified in accordance with the 6 months rule, the request must be made at least 3 months but not more than 6 months before the intended date of retirement. If the employer has failed to notify in accordance with the 6 months rule, the request can be made at any time within the six month period before the intended date of retirement.
The employer must hold a meeting with the employee within a reasonable period after receiving the request unless, during that period, the employer and employee agree that the employee is to retire later or it is not practicable to hold a meeting within the period. If it is not practicable to hold a meeting within the period the employer must still consider the request.
Copyright 2006 Ian Mann
Ian Mann is an Employment Barrister at 13 Kings Bench Walk, Temple, London and was called to the Bar in 2000. He practices in employment disputes representing both employers and employees. His employment practice embraces the full spectrum of Employment Tribunal, High Court and appellate work and covers all areas of employment law, especially discrimination. See his website at http://www.employment-barrister-uk.com.Florence Sc Newspaper
Exercise Workout Sheet
Travel Visa Canada
Kt34
1 Ask Free Psychic Question
Culinary Sweden Tour
Semi Truck Used
Coffee House Roasters
1 2005 F4 Garden Meteor Part
Belk Department Location Store
Toddler Fire Fighter Costume
2007 Gmc New Truck
How To Make Event Ticket
1192 Pet Supply Wholesale
Free Office Open Software
Sky Las Vegas Condo
Above Ground Information Pool
200 Customer Management Mas Relationship
Chili Recipe Soup
Rough Cut Cedar
Map Of Poland
Discoveries Magazine
Dell Camera
Kansas House Of Representative
Glasses Man Replica Sun
By Co Earring Fine Heart Jewelry Jewelry Necklace T Tiffany Watch
Loan Officer Training School
Los Angeles Drug And Alcohol Rehab
Adult Acne Picture
Zachary Construction Company
Myrtle Beach Sc Vacation Home
Com Tennis Warehouse
Atlanta Fence Contractor
Karate Belts
Self Defense Courses
A New Pair Of Glasses
Verkauf Haus
Jesus Before Pilate
Hiking National Park Sequoia
Integra Oil Pump
Carvel Ice Cream Location
Orbitz Airline Travel
Rehabilitation Spinal Cord Injury
Goat Picture
Toyota Corolla Gas Mileage
Lamp Motion
3 Abdicator Captain Charles Cook Darwin Edward English From Great History Johnson More Queen Samuel Tale Victoria
Canada Ontario Puppy
0 Down Payment Mortgage
Global Satellite Mobile Communication
Antique Coal Oil Lamp
Hikers Montclair
Broadway Off Shoes Warehouse
Lodge Sydney Travel
Tennis Court Rule
Computer Assisted Design
Federal Direct Loan Servicer
Camping In Greece
Tv Commercial Advertising
Zeiss Conquest Riflescope
Sausalito Yacht Club
10 Cologne Man Top
Eve Plumb
Kt40
Dr Murad Skin Care
St Ursula
Celebrity Inspired Prom Dress
0a Business Home Job Opportunity Work
Pink Cosmetic Bag
Celebrity Dish Male
B Bird Humming Oral Pick Refill
144 Kriya Yoga Technique
Myspace Sing Up
Bulk Candy Vending
Foundation Waterproofing
Design Fl Landscape Pool Swimming
Sarah Michelle Gellar Feet
Exterior Car Parts
Regency Park Hotel Bangkok
100 Best Hospitals
Tea Cup Toy Poodle
Strong Bad Sings
Kid Fun Bedroom Furniture
Cheap Cdrw Drives
Aspen Bed Breakfast Colorado
Rochester New York Obituary
North Carolina Benign Mesathelioma Lawyer
Army Surplus
Advice Career Counseling
Hong In Kong Office Virtual
Technisches Englisch Fur Baufachleute
Cheap Nike Shoes Tennis
Feather Earrings
Car Discount Free Shipping Stereo
Country Club Tennis
06 Ea Fifa Sports
100 Construction Loan
Dance Dress Irish Pattern
Air Bag Crv Honda
Ceiling Mounted Heat Lamp
Nothing Else Matters
Honolulu Live Camera
Torture Sm
Dating Free Long Man Online Seeking Term
Time Share Guide And Directory
Should Cell Phone Be Banned While Driving
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Basketball Coaching Defense Scramble
¶ 8:06 PM
