Does a Compulsory Retirement Age Infringe Human Rights Law? – by Hugh Collins – UK Labour Law Blog

‘An employer’s compulsory retirement scheme requires the dismissal of an employee for no other reason than the employee has attained a specified retirement age. The retirement age may be fixed in the terms of the contract of employment, a staff handbook, a collective agreement, or other regulations that determine the rules governing a particular retirement age. Although compulsory retirement used to be lawful, since 2011 the position in the United Kingdom (UK) is that an employee dismissed in accordance with an employer’s policy of a compulsory retirement age can bring a claim either for unfair dismissal under the Employment Rights Act 1996 or (for workers as well as employees) for age discrimination under the Equality Act 2010. Following Seldon v Clarkson Wright & Jakes [2012] UKSC 16, an employer can justify the age discrimination of a compulsory retirement age as a proportionate measure in pursuit of a legitimate aim, such as preserving the promotion prospects of younger staff or the avoidance of intrusive surveillance of the job performance of older staff.’

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UK Labour Law Blog, 17th March 2021

Source: uklabourlawblog.com

Buckland raises judicial retirement age to 75 – Litigation Futures

Posted March 10th, 2021 in consultations, judiciary, Ministry of Justice, news, retirement, statistics by sally

‘The mandatory retirement age (MRA) for judges is to be raised from 70 to 75 to deal with shortfalls in judicial recruitment, the government has decided.’

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Litigation Futures, 9th March 2021

Source: www.litigationfutures.com

Judges will be allowed to retire at 75 – Law Society’s Gazette

Posted March 9th, 2021 in coroners, judiciary, magistrates, Ministry of Justice, news, retirement by tracey

‘Judges, magistrates and coroners will be allowed to work up until the age of 75, the government announced today. The current standard mandatory retirement age of 70 dates from 1993. The Ministry of Justice said the change seeks to address the fact that people now work later into their lives and the government did not want to lose valued members of the judiciary.’

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Law Society's Gazette, 8th March 2021

Source: www.lawgazette.co.uk

Frozen pensions: injustices faced by Windrush generation in spotlight – The Guardian

‘Campaigners urge new working group to look into why some retirees living abroad are penalised.’

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The Guardian, 25th July 2020

Source: www.theguardian.com

SIF rule could be “catastrophic” for retired solicitors – Legal Futures

Posted September 20th, 2019 in indemnities, news, notification, retirement, solicitors by sally

‘Refusal by the Solicitors Indemnity Fund (SIF) to accept notifications of potential claims could be “catastrophic” for retired solicitors, a specialist in professional regulation and insurance has warned.’

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Legal Futures, 20th September 2019

Source: www.legalfutures.co.uk

Women pension age case goes to High Court – BBC News

Posted June 5th, 2019 in judicial review, news, pensions, retirement, sex discrimination, women by sally

‘Campaigners will head to the High Court on Wednesday for a judicial review into how the government raised the retirement age for women.’

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BBC News, 5th June 2019

Source: www.bbc.co.uk

Oxbridge can force old professors to retire in order to boost diversity, tribunal ruling suggests – Daily Telegraph

‘Oxford and Cambridge universities can force old professors to retire in order to boost diversity, a tribunal ruling suggests.’

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Daily Telegraph, 22nd May 2019

Source: www.telegraph.co.uk

Criminals may escape conviction due to lack of resources for forensics, says Lord Chief Justice – Daily Telegraph

‘Criminals may be escaping conviction because of a lack of resources for forensic investigations, the Lord Chief Justice warned yesterday.’

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Daily Telegraph, 20th November 2018

Source: www.telegraph.co.uk

Jackson’s farewell: My reforms were worth the abuse but costs are still too high – Litigation Futures

Posted March 6th, 2018 in costs, judges, news, reports, retirement by sally

‘Many of the causes of excessive costs have been eliminated but litigation is still too expensive, Sir Rupert Jackson has claimed on the eve of his retirement from the Court of Appeal.’

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Litigation Futures, 6th March 2018

Source: www.litigationfutures.com

‘They funked it’ – LCJ’s dismay at inaction on older recorders – Law Society’s Gazette

Posted September 18th, 2017 in judges, judiciary, Ministry of Justice, news, recruitment, retirement, select committees by tracey

‘The lord chief justice has urged the government to deal with the thorny issue of forcing retirement upon part-time recorders believed to be clogging up the judicial system.’

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Law Society's Gazette, 18th September 2017

Source: www.lawgazette.co.uk

Field Reports: Kingsbridge Pension Fund Trust v David Michael Downs – Tanfield Chambers

‘The Upper Tribunal (Lands Chamber) has held that, in determining whether a person is eligible to apply for a new tenancy on retirement of a tenant under the Agricultural Holdings Act 1986, the livelihood condition need only be satisfied in the 7 year period running up to the date when the retirement notice was given, and not in the 7 year period preceding the determination of the application by the Tribunal.’

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Tanfield Chambers, 4th July 2017

Source: www.tanfieldchambers.co.uk

Allow judiciary to work until 75, says Britain’s most senior judge – The Guardian

Posted March 30th, 2017 in age discrimination, elderly, judges, judiciary, news, retirement, select committees by tracey

‘Judges should be allowed to sit beyond the age of 70 to ease the growing problem of judicial recruitment, the UK’s most senior judge, Lord Neuberger, has said.’

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The Guardian, 29th March 2017

Source: www.guardian.co.uk

New government guidelines will end the practice of boomerang bosses – Home Office

Posted February 21st, 2017 in consultations, emergency services, employment, fire services, news, pensions, retirement by sally

‘New government guidelines will stop senior fire officers from being re-employed in the same or similar roles after they have retired.’

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Home Office, 21st February 2017

Source: www.gov.uk/home-office

Judges ready to jump ship over declining pay and conditions – Litigation Futures

Posted February 10th, 2017 in judiciary, news, pensions, remuneration, retirement, statistics by tracey

‘Research has shown widespread disaffection among the judiciary with working conditions, including findings that almost half of High Court judges would quit the bench early if possible.’

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Litigation Futures, 10th February 2017

Source: www.litigationfutures.com

Magistrates should be allowed to work past the age of 70 to solve staffing problems, MPs claim – Daily Telegraph

Posted October 19th, 2016 in elderly, judiciary, magistrates, news, reports, retirement, select committees by sally

‘Magistrates should not be forced to retire at 70 if keeping them on would solve the recruitment crisis, a committee of MPs have said.’

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Daily Telegraph, 19th October 2016

Source: www.telegraph.co.uk

High Court rules Jermaine Baker police officer can retire – BBC News

‘A senior officer involved in a Met operation in which a man was shot dead by police is being allowed to retire, despite being under investigation.’

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BBC News, 4th October 2016

Source: www.bbc.co.uk

Senior judges are hanging up their wigs. Replacing them won’t be cheap – The Guardian

‘The only branch of governance in which the public still has some faith is the judiciary – and it is facing a serious recruitment crisis.’

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The Guardian, 4th April 2016

Source: www.guardian.co.uk

Protecting retirement flat owners from hidden fees – a consultation – Law Commission

Posted October 29th, 2015 in consultations, fees, housing, Law Commission, leases, news, retirement by sally

‘In a consultation opening today we look at what can be done to protect owners of retirement flats and their families from unexpected charges hidden in leases.’

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Law Commission, 29th October 2015

Source: www.lawcom.gov.uk

Pensions reform 2015: it’s not just about retirement saving – OUT-LAW.com

Posted September 23rd, 2015 in news, pensions, retirement, taxation by sally

‘FOCUS: Very few of us are ever going to have enough money in retirement to do everything we might want to do, so we need to think outside the current pensions ‘box’ if we are going to have anywhere near enough.’
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OUT-LAW.com, 22nd September 2015

Source: www.out-law.com

Does a Repudiatory Breach Discharge an LLP Member’s Agreement? – Littleton Chambers

Posted August 28th, 2015 in contracts, limited liability partnerships, news, retirement by sally

‘The recent Judgment of Mr. Justice Henderson in Flanagan v Liontrust Investment Partners LLP and others [2015] EWHC 2171, 24th July 2015, has addressed the vexed question of whether the Common Law doctrine of repudiatory breach applies to LLP members’ agreements. It has long been settled law that the doctrine did not apply to traditional partnerships, Hurst v Bryk [2002] 1 AC 185 (HL), but the position under LLP agreements has been the subject of continuing debate. In particular it has been argued, by the author amongst others, that the doctrine applied and that the effect of a repudiatory breach was to enable a member to accept the breach and assert that the default provisions under the Limited Liabilities Partnership Act 2000 applied. In Liontrust Mr. Justice Henderson rejects that argument, save possibly in the case of a two member LLP.’

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Littleton Chambers, 27th July 2015

Source: www.littletonchambers.com