In Johns v Solent SD Ltd EAT/0449/07, the Employment Appeal Tribunal (EAT) has held that an employment tribunal was wrong not to stay an employee's claim for unfair dismissal and age discrimination until the outcome of Heyday's challenge to the default retirement age.
This week's case of the week, provided by Addleshaw Goddard, covers compulsory retirement risk for private and public sector.
In Regent Security Services Ltd v Power  EWCA Civ 1188 CA, the Court of Appeal has held that an employee could rely on a variation to his contract of employment that raised his retirement age to 65 and occurred as a result of a transfer.
In Félix Palacios de la Villa v Cortefiel Servicios SA Case C-411/05, the European Court of Justice (ECJ) has given its judgment that the Equal Treatment Directive (2000/78/EC) does not preclude a Spanish law permitting clauses in collective agreements that allow employees to be compulsorily retired when they reach a specified age.
In Johns v Solent SD Ltd  ET/00414/07, an employment tribunal has denied a request that proceedings in a claim for unfair dismissal and age discrimination be stayed until the outcome of Heyday's challenge to the default retirement age.
In Power v Regent Security Services Ltd  IRLR 226 EAT, a case brought prior to the 2006 TUPE Regulations coming into effect, the EAT holds that an employee could enforce a contractual variation agreed with the transferee, even though the transfer was the reason for the change. It was not open to the employer to seek to resile from the change on the grounds that the variation was by reason of the transfer itself and therefore void.
This article looks at some of the significant judgments in the area of equal pay over the past year and their implications.
The effectiveness of the protection that disclaimers in scheme explanatory booklets offer has been reaffirmed by the Court of Appeal.
This article looks at some of the important judgments in the area of the transfer of undertakings over the past year.
In Cross and another v British Airways Plc  IRLR 804 CA the Court of Appeal held that employees who had a contractual retiring age of 60 when their employment was transferred under the TUPE Regulations could not claim unfair dismissal when they were subsequently dismissed on reaching their new employer's "normal retiring age" of 55.
HR and legal information and guidance relating to retirement.