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Click to hide the answerFollowing the Heyday decision on the default retirement age, can employers continue to use a mandatory retirement age?

The High Court decision in R (on the application of the Incorporated Trustees of the National Council on Ageing (Age Concern England)) v Secretary of State for Business, Enterprise and Regulatory Reform (the Heyday case) upheld the default retirement age set out in the Employment Equality (Age) Regulations 2006 (SI 2006/1031). The Regulations provide for a national default retirement age of 65, although employees have the right to request to work beyond this age. Employers can set a mandatory retirement age at 65 or above and the default retirement age provides that a dismissal at or above this age will be lawful as long as the statutory retirement procedure is followed.

Employers can set a mandatory retirement age under 65 for all or part of their workforce only if this is objectively justified by reference to the particular factual situation affecting the group of workers.


Click to show the answer Can an employer stipulate an age limit for a job?

Click to show the answer In light of the age discrimination legislation can employers still use university 'milk rounds' to recruit employees?

Click to show the answer Can employers continue to specify a minimum number of years' service in job advertisements?

Click to show the answer Is it unlawful to include a preferred age range in a job advertisement?

Click to show the answer Is it permissible for an employer to stipulate in a job advert that candidates must be "recent graduates"?

Click to show the answer Under the age discrimination legislation is an employer prevented from using job titles including the words "senior" and "junior"?

Click to show the answer Can employers still request applicants' work and education history, with dates, on their application forms?

Click to show the answer Is it unlawful to ask for applicants' date of birth on application forms?

Click to show the answer Is an employer liable for offensive and/or potentially discriminatory material or comments posted on its intranet bulletin board?

Click to show the answer Is there a legal requirement for employers to advertise every job vacancy that arises?

Click to show the answer Should employers provide their employees with any information about age discrimination?

Click to show the answer Are long-service awards incompatible with the Employment Equality (Age) Regulations 2006?

Click to show the answer Where it is a company's policy to give a small gift to employees who have completed periods of service of multiples of 10 years could this be discriminatory under the age discrimination regulations?

Click to show the answer Can an employee bring a pay discrimination claim on grounds other than sex?

Click to show the answer How are employees protected from dismissal under the Employment Equality (Age) Regulations 2006?

Click to show the answer Is 'last in, first out' still a valid redundancy selection criterion?

Click to show the answer Can employers stipulate in job adverts that applications from individuals who have reached, or are within six months of reaching, retirement age will not be accepted?

Click to show the answer What effect has the Employment Equality (Age) Regulations 2006 had on retirement ages?

Click to show the answer How have the Employment Equality (Age) Regulations 2006 affected retirement dismissals?

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