The ECJ has held that a compulsory retirement age of 65, although discriminatory on the grounds of age, can be justified if:The employment contract has been collectively negotiated with a union.
Following consultation in 2009, the Employment Relations Act 1999 (Blacklists) Regulations 2010 will shortly be brought into force.
In Pulham v London Borough of Barking and Dagenham the EAT had to consider whether an employer was able objectively to justify the continuation of a remuneration scheme, which relied on both length of service and age, after 1 October 2006, when the Age Regulations came into force.
The social housing sector has traditionally been a supporter of defined benefit pension provision, no doubt because of its strong links with the public sector.
It is a reflection of the current economic situation that employers in all sectors are looking at their staffing levels and costs and contemplating redundancies.
In 1997 a national collective agreement, the Green Book, was agreed between public sector unions and local authorities.