Category: retirement

RM (Zimbabwe) v Secretary of State for the Home Department – WLR Daily

Posted July 1st, 2013 in EC law, families, freedom of movement, law reports, married persons, retirement by tracey

RM (Zimbabwe) v Secretary of State for the Home Department: [2013] EWCA Civ 775;   [2013] WLR (D)  259

“On a true construction of article 17(3) of Parliament and Council Directive 2004/38/EC, the Zimbabwean widow of a Spanish national had acquired the right of permanent residence in the United Kingdom on the ground that her late husband had, before the date of their marriage, ‘acquired himself the right of permanent residence … on the basis of paragraph 1’ of article 17, viz having retired from work due to permanent incapacity. It was not a requirement that a family member seeking to rely on such a right had to be a family member prior to, or as at the date of, the European Union member’s own acquisition of permanent residence on which reliance was now placed.”

WLR Daily, 28th June 2013

Source: www.iclr.co.uk

Expert: ruling gives ‘very little comfort’ to employers looking to defend compulsory retirement age in partnership case – OUT-LAW.com

Posted June 4th, 2013 in age discrimination, employment, employment tribunals, law firms, news, partnerships, retirement, Supreme Court by sally

“Employers looking to defend or reintroduce a mandatory retirement age will find ‘very little comfort’ in last week’s decision allowing a law firm to force a partner to retire at 65, an expert has said.”

Full story

OUT-LAW.com, 4th June 2013

Source: www.out-law.com

Employment Tribunal rules in favour of law firms in key age discrimination case – Legal Week

Posted June 3rd, 2013 in age discrimination, employment tribunals, law firms, news, retirement by sally

“The Employment Tribunal has rejected an age discrimination claim by lawyer Leslie Seldon against his former firm Clarkson Wright & Jakes (CWJ), which had initially seemed likely to threaten law firm’s ability to enforce a compulsory retirement age for partners.”

Full story

Legal Week, 31st May 2013

Source: www.legalweek.com

Police officers sue forces over forced retirement – BBC News

Posted January 24th, 2013 in age discrimination, employment tribunals, news, police, retirement by sally

“Five police forces are to be taken to an employment tribunal accused of age discrimination.”

Full story

BBC News, 23rd January 2013

Source: www.bbc.co.uk

Lord Chief Justice to step down – The Independent

Posted November 21st, 2012 in judges, judiciary, news, retirement by sally

“Lord Chief Justice Lord Judge is to retire as head of the judiciary next year, the Judicial Office said.”

Full story

The Independent, 21st November 2012

Source: www.independent.co.uk

National Union of Mineworkers launches court bid to challenge Arthur Scargill – The Independent

Posted October 3rd, 2012 in contract of employment, expenses, housing, miners, news, retirement, trade unions by sally

“The National Union of Mineworkers today asked the High Court to decide whether it is obliged to meet the cost of former leader Arthur Scargill staying in his London flat.”

Full story

The Independent, 2nd October 2012

Source: www.independent.co.uk

5RB Conference: Keynote address – Speech by Mr Justice Tugendhat

Posted October 1st, 2012 in defamation, freedom of expression, judicial appointments commission, judiciary, privacy, retirement, speeches by sally

5RB Conference: Keynote address (PDF)

Speech by Mr Justice Tugendhat

5RB Conference, 27th September 2012

Source: www.judiciary.gov.uk

Early retirement rights under occupational pension schemes do transfer under TUPE, High Court rules – OUT-LAW.com

Posted May 18th, 2012 in news, pensions, retirement, transfer of undertakings by sally

“The buyer of a business will be liable for certain early retirement pension rights under the original owner’s occupational pension scheme if the transfer takes place under the Transfer of Undertakings (Protection of Employment) (TUPE) Regulations, the High Court has ruled.”

Full story

OUT-LAW.com, 18th May 2012

Source: www.out-law.com

Seldon v Clarkson Wright & Jakes (Secretary of State for Business, Innovation and Skills and another intervening) – WLR Daily

Posted April 27th, 2012 in age discrimination, law reports, partnerships, retirement by tracey

Seldon v Clarkson Wright & Jakes (Secretary of State for Business, Innovation and Skills and another intervening); [2012] UKSC 16;  [2012] WLR (D)  124

“A rule providing for the compulsory retirement at 65 of partners in a firm of solicitors could be justified as a means of achieving legitimate aims relating to recruitment and promotions within the firm.”

WLR Daily, 25th April 2012

Source: www.iclr.co.uk

Chief Constable of West Yorkshire Police and another v Homer – WLR Daily

Posted April 27th, 2012 in age discrimination, law reports, retirement by tracey

Chief Constable of West Yorkshire Police and another v Homer; [2012] UKSC 15;  [2012] WLR (D)  122

“An employment requirement which worked to the comparative disadvantage of a person approaching compulsory retirement age was indirectly discriminatory on grounds of age and had to be justified.”

WLR Daily, 25th April 2012

Source: www.iclr.co.uk

Age discrimination ruling allows employers to set retirement dates – The Guardian

Posted April 26th, 2012 in age discrimination, employment, news, retirement by sally

“Employers can continue to set the age at which their staff retire, but only if they can prove there is strong justification for doing so, following a ruling by the supreme court.”

Full story

The Guardian, 25th April 2012

Source: www.guardian.co.uk

Lawyer loses retirement age appeal – The Independent

Posted April 25th, 2012 in age discrimination, appeals, employment, news, retirement by sally

“A lawyer forced to retire at 65 lost a Supreme Court Appeal on age discrimination today.”

Full story

The Independent, 25th April 2012

Source: www.independent.co.uk

Woodcock v Cumbria Primary Care Trust – WLR Daily

Posted March 28th, 2012 in age discrimination, dismissal, employment, law reports, redundancy, retirement by sally

Woodcock v Cumbria Primary Care Trust [2012] EWCA Civ 330; [2012] WLR (D) 97

“For the purposes of a claim for age discrimination under regulation 3 of the Employment Equality (Age) Regulations 2006, where an employer gave notice of dismissal to an employee on the grounds of redundancy, it was a legitimate part of the aim of the employer in giving that notice to ensure that when giving effect to it, the dismissal also saved the employer additional costs that, had it not timed the dismissal as it did, it was likely to have incurred by reason of the employee’s age.”

WLR Daily, 22nd March 2012

Source: www.iclr.co.uk

Supreme Court hears solicitor’s age claim – The Lawyer

Posted January 18th, 2012 in age discrimination, appeals, news, retirement, solicitors, Supreme Court by sally

“The Supreme Court has convened five of the country’s most senior judges to hear a landmark case over the social justifications that can be used to justify retiring a partner.”

Full story

The Lawyer, 17th January 2012

Source: www.thelawyer.com

Court case could set forced retirement precedent – Daily Telegraph

Posted January 16th, 2012 in age discrimination, news, retirement by sally

“A long-awaited court case this week could make it possible for employers to justify retiring staff at a certain age – threatening the Government’s new rules which make the practice unlawful.”

Full story

Daily Telegraph, 15th January 2012

Source: www.telegraph.co.uk

Default retirement age end hailed – The Independent

Posted September 30th, 2011 in age discrimination, news, retirement by tracey

“Age equality campaigners today hailed the end of employment rules forcing people on to the ‘scrap heap’ at the age of 65. Bosses from tomorrow will no longer be able to set a mandatory retirement age, as the Government brings in changes to reflect people living longer and healthier lives.”

Full story

The Independent, 30th September 2011

Source: www.indpendent.co.uk

Unions lose redundancy pay case – The Independent

Posted August 11th, 2011 in civil servants, judicial review, news, prison officers, redundancy, remuneration, retirement, trade unions by sally

“The two largest Civil Service unions have lost their High Court challenge to a scheme which will reduce benefits paid to members on redundancy and early retirement.”

Full story

The Independent, 10th August 2011

Source: www.independent.co.uk

Supreme Court tasked with setting compulsory retirement precedent – The Lawyer

Posted March 7th, 2011 in age discrimination, news, retirement by sally

“What legitimate social policy could justify retiring a partner or employee?

The Supreme Court will decide after Clarkson Wright & Jakes partner Leslie ­Seldon was given permission to fight his former firm over its decision to retire him at the age of 65.
Seldon argues that his firm was wrong to enact the partnership agreement and retire him because, he claims, it could not justify the action.”

Full story

The Lawyer, 7th March 2011

Source: www.thelawyer.com

Government confirms retirement age to be scrapped from April 2011 – OUT-LAW.com

Posted January 13th, 2011 in news, retirement by sally

“The Government will scrap the default retirement age (DRA) later this year, despite calls from business to continue to allow them to force workers to retire at 65.”

Full story

OUT-LAW.com, 13th January 2011

Source: www.out-law.com

Seldon v Clarkson Wright & Jakes (Secretary of State for Business, Innovation and Skills intervening) – WLR Daily

Posted July 30th, 2010 in age discrimination, appeals, law firms, law reports, retirement, solicitors by sally

Seldon v Clarkson Wright & Jakes (Secretary of State for Business, Innovation and Skills intervening) [2010] EWCA Civ 899; [2010] WLR (D) 206

 “A rule providing for the compulsory retirement at 65 of partners in a firm of solicitors was a proportionate means of achieving legitimate aims relating to recruitment and promotions within the firm.”

WLR Daily, 28th July 2010

Source: www.lawreports.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.