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04 November 2010
Issue: 7440 / Categories: Legal News , Employment
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DRA abolition delay

Early retirement threat for older workers

Transitional arrangements for the repeal of the default retirement age are “unacceptable” and could lead to many older employees being retired early, the Employment Lawyers Association (ELA) has warned.

In July, the Department for Business, Innovation and Skills published its consultation, Phasing out the Default Retirement Age (DRA), proposing a six-month transitional period ending with full abolition in October 2011.

In its response to the proposals, the ELA recommended that the Advisory, Conciliation and Arbitration Service and the Equality and Human Rights Commission be given time to draw up “authoritative but non-prescriptive guidance” for employers.

Consequently, abolition of the default retirement age should be delayed until “at least” April 2012—otherwise, employers may retire older workers rather than face the uncertainty of keeping them on.

James Davies, chair of ELA’s working party on the proposals, says: “Clear codes and guidance will also provide a positive framework for retirement discussions for employees, rather than an annual ordeal during which employees have to argue for their right to continue working.”

The government could introduce rules where, for example, organisations above a particular size are required to produce “senior plans” or hold “staying on discussions” with employees above a specific age, he said.

The ELA further recommended that retirement be stated specifically to come within the “some other substantial reason” ground for dismissal or be listed as a potentially fair reason for dismissal in the Employment Rights Act 1996. This, the ELA says, would give employers and employees greater clarity than at present, where it is left to employers to argue that it comes within the scope of “some other substantial reason”.

Issue: 7440 / Categories: Legal News , Employment
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MOVERS & SHAKERS

Slater Heelis—Charlotte Beck

Slater Heelis—Charlotte Beck

Partner and Manchester office lead appointed head of family

Civil Justice Council—Nigel Teasdale

Civil Justice Council—Nigel Teasdale

DWF insurance services director appointed to Civil Justice Council

R3—Jodie Wildridge

R3—Jodie Wildridge

Kings Chambers barrister appointed chair of R3 Yorkshire

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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