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29 results found

Article

Norton Rose Fulbright | Canada | 29 Mar 2015

What protection do employees have against discrimination on the ground of age in Québec?

Both the Québec Charter of Human Rights and Freedoms (Québec Charter) as well as the Canadian Charter of Rights and Freedoms (Canadian Charter)

Article

Norton Rose Fulbright | United Kingdom | 29 Jan 2010

These times they are a-changin: the Equality Bill 2009 and its possible impact on pension schemes

The Equality Bill (the Bill) was published on 27 April 2009.

Article

Norton Rose Fulbright | United Kingdom | 31 Dec 2009

Flexible retirement, age discrimination and pensions

The Department for Work and Pensions (DWP) has published its response to its consultation on proposed exemptions to the age discrimination requirements to address certain issues on flexible retirement, which had been delayed pending judgment in the "Heyday" case (see our September 2009 update).

Article

Norton Rose Fulbright | United Kingdom | 18 Nov 2009

Age discrimination and the default retirement age

In our employment update of 25 September, we summarised the High Court’s decision in R (on the application of Age UK) v Secretary of State for Business, Innovation & Skills 2009 EWHC 2336 (or the Heyday case as it is more commonly known) on the legality of the default retirement age.

Article

Norton Rose Fulbright | United Kingdom | 23 Oct 2009

Which changes may affect pensions?

Currently, a non-discrimination rule relating to age, disability, religion or belief and sexual orientation is implied into pension scheme rules.

Article

Norton Rose Fulbright | United Kingdom | 30 Sep 2009

Age Concern England v Secretary of State for Business, Enterprise and Regulatory Reform (c-38807) - Heyday challenge to default retirement age fails

In our March 2009 update we noted that the European Court of Justice (ECJ) had given its judgment in what had become known as the "Heyday" case and which was concerned with whether a default retirement age of 65 could be justified in principle in the light of the age discrimination provisions.

Article

Norton Rose Fulbright | United Kingdom | 30 Sep 2009

London Borough of Tower Hamlets Council v Wooster UKEAT044108 - age discrimination - depriving employee of early retirement provision

In this Employment Appeal Tribunal (EAT) decision, the EAT upheld the original tribunal decision that an employee had been subjected to direct discrimination on grounds of his age when his employer had dismissed him after 30 years’ service just before his 50th birthday in order to avoid his becoming entitled to the enhanced early retirement benefits that would have applied from age 50.

Article

Norton Rose Fulbright | United Kingdom | 26 Aug 2009

Justifying age discrimination - Macculloch v Imperial Chemical Industries plc

This was an employment case in which the principal issue was whether ICI’s contractual redundancy payments scheme discriminated against the claimant on grounds of her age.

Article

Norton Rose Fulbright | United Kingdom | 26 Aug 2009

Redundancy age discrimination justifiable - Rolls Royce v Unite The Union

In our Pensions update of October 2008, we reported on the original High Court decision in which the employer, Rolls Royce, argued unsuccessfully that using an employee’s length of service as a selection criterion for redundancy was unlawful age discrimination.

Article

Norton Rose Fulbright | United Kingdom | 26 Aug 2009

Compulsory retirement age - Seldon v Clarkson Wright and Jakes appeal

In the 2007 case of Seldon v Clarkson Wright and Jakes (ET11002752007), an employment tribunal held that the compulsory retirement of a partner in a law firm was direct age discrimination under the Employment Equality (Age) Regulations 2006 (the Regulations).

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