HR Solutions 10th Year Anniversary Employment Law Update
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The document summarizes key employment law updates in the UK, including the abolition of the default retirement age, expanded maternity/paternity leave provisions, the Equality Act, the Bribery Act, Agency Worker Regulations, and upcoming pension reforms. It provides details on new rights for employees in each area as well as advice for employers on complying with the changing legislation.
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Editor's Notes
- For years it has been assumed that there will come a time when as an employer you can dismiss your employees simply because of their age. Before age discrimination law came into force, those over retirement age had no right to complain of unfair dismissal. Under age discrimination law this was replaced with “retirement” as a potentially fair reason for dismissal and excluded from age discrimination law provided that the complex retirement procedures were followed. If the employer followed the procedure, the employee had no right to complain that they had been dismissed on retirement. As of October 2011, this old assumption will no longer apply. Age alone will not be a reason for dismissal, except perhaps for a few exceptional cases such as the emergency services.
- Employers will only be able to operate a compulsory retirement age if it can be objectively justified. In order for the retirement to be considered justified, its aim must be both ‘legitimate’ and ‘proportionate’.
- ‘ Proportionate’ means that: what the employer is doing is actually achieving its aim the discriminatory effect should be significantly outweighed by the importance and benefits of the legitimate aim, and the employer should have no reasonable alternative to the action. An aim could be ‘legitimate’ if, for example, it relates to: the health, safety and welfare of the individual concerned economic factors such as the needs and the efficiency of running the business the particular training requirements of the job
- This is going to throw greater focus and pressure on employer’s absence and performance management procedures, since these will have to be used if the employer is to fairly dismiss an individual over retirement age by reason of poor health or performance. These procedures will have to apply with full rigour to those of all ages if the employer is going to avoid accusations that it is only older employees who are being subjected to these procedures.