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05 August 2010
Issue: 7429 / Categories: Legal News
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Employers unsure on default retirement

Business representatives have warned the decision to scrap the Default Retirement Age will raise “complex legal and employment questions”.

Business representatives have warned the decision to scrap the Default Retirement Age (DRA) will raise “complex legal and employment questions”.
The government has said it will phase out the DRA from 6 April 2011. All accompanying statutory retirement procedures, such as the right of employees to request to work beyond their retirement age, will be removed. 

Employers will continue to be able to justify objectively a compulsory retirement age  as a proportionate means of achieving a legitimate aim.
John Cridland, CBI deputy director-general, says that scrapping the DRA will leave a vacuum, and raise a large number of complex legal and employment questions, which the government has not yet addressed, creating uncertainty among employers and staff, who do not know where they stand. “There will need to be more than a code of practice to address these practical issues,” he says.

Stephen Riley, director of specialist recruiters Intapeople, says the decision to abandon the DRA could have major repercussions for the UK’s younger workers. “A typical scenario after a senior member of staff retires is that a colleague is promoted  and a junior-level worker is brought on board. Any delay in this process puts additional pressure on the government to find new ways of encouraging business growth and creating jobs for our younger population.” (Read more)

Issue: 7429 / Categories: Legal News
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MOVERS & SHAKERS

Laytons ETL—Maximilian Kraitt

Laytons ETL—Maximilian Kraitt

Commercial firm strengthens real estate disputes team with associate hire

Switalskis—three appointments

Switalskis—three appointments

Firm appoints three directors to board

Browne Jacobson—seven promotions

Browne Jacobson—seven promotions

Six promoted to partner and one to legal director across UK and Ireland offices

NEWS

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
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