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Age Discrimination: 5 Steps To Knowing When An Employee Is Unfairly Dismissed By Way Of Retirement By Ian Mann 2006-09-26 Copyright 2006 Ian Mann
The Employment Equality (Age) Regulations 2006 - SI No 2006/1031 - came into force on 1 October 2006 to protect employees from being dismissed unfairly by reason of their age. The Age Regulations make it unlawful to discriminate against employees, job seekers and trainees because of their age – both old and young. The protection covers direct and indirect discrimination, harassment and victimization. Employers and employees alike must familiarise themselves with these far reaching changes.
This article addresses:
(1) the particular unfairness of “early retirement” which essentially involves retirement ages being arbitrarily fixed below 65 without justification; and
(2) the requirement for a fair procedure to be followed in all retirement dismissals. Section 98 of the Employment Rights Act 1996 is amended to include a new potentially fair reason for dismissal - that of retirement. As with other reasons for dismissal, it remains the case that the employer must "show" any Employment Tribunal what the reason for dismissal is.
If the employer wishes to be able to rely on retirement as a reason for dismissal, the chances of successfully doing so are greatly increased if he follows the procedures set out in the Age Regulations. That is to say that at least 6 months prior to the dismissal (but no more than a year prior to the dismissal) he notifies the employee of the date on which he intends that the employee should retire and he informs the employee that the employee has a right to request to work beyond retirement age. This is known as the 6 month rule.
The Age Regulations remove the upper age limit for claiming unfair dismissal and redundancy and give older workers the same rights to claim unfair dismissal or receive a redundancy payment as younger workers, unless there is a genuine retirement.
Where Retirement Dismissal Is Unfair
There are 5 circumstances where genuine “retirement” cannot be the reason for dismissal no matter what the employer argues in an Employment Tribunal and where dismissal will therefore be unfair. Those 5 circumstances of unfair dismissal are:
No Fixed Retirement Ages Specified
(1) The employee has no fixed retirement age, but the dismissal takes effect before the employee reaches the age of 65. The default retirement age in the absence of one having been specified is now 65. It should be noted, however, that an employer will not be able to rely on the default retirement age of 65 to retire employees earlier than he
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would otherwise, for example if the employees retirement aged had previously been set at 68. Fixed Retirement Ages Specified (2) The employer has a fixed retirement age which is below the age of 65, the dismissal takes effect after that age, but the reduced retirement age is not “objectively justified”. This means that the employer has to establish what objective and proportionate reason exists to warrant a lower retirement age. This will be rare. (3) The employee has a fixed retirement age whether above or below 65, but the employee is dismissed for retirement before the employee reaches that previously fixed age. 6 Months Notice Rule (4) The employee has a fixed retirement age over the age of 65, the employer gives notice to dismiss within the 6 months rule, but the dismissal takes effect before the intended date of retirement date so notified. (5) The employer does not notify the employee in accordance with the 6 months rule, but he does notify the employee of an intended date of retirement, but the dismissal takes effect before that intended date of retirement. Right to work beyond the intended retirement date If the employee indicates his wish to exercise his right to request working beyond the intended retirement date the employer must arrange a meeting. If the employer has notified in accordance with the 6 months rule, the request must be made at least 3 months but not more than 6 months before the intended date of retirement. If the employer has failed to notify in accordance with the 6 months rule, the request can be made at any time within the six month period before the intended date of retirement. The employer must hold a meeting with the employee within a reasonable period after receiving the request unless, during that period, the employer and employee agree that the employee is to retire later or it is not practicable to hold a meeting within the period. If it is not practicable to hold a meeting within the period the employer must still consider the request. Article Source: http://www.upublish.info Tags: Articles Law **ARTTECHNORATI** Free Articles on Law and many other topics - Add this category to your RSS Reader
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About the Author:
Ian Mann
Ian Mann is an Employment Barrister at 13 King’s Bench Walk, Temple, London and was called to the Bar in 2000. He practices in employment disputes representing both employers and employees. His employment practice embraces the full spectrum of Employment Tribunal, High Court and appellate work and covers all areas of employment law, especially discrimination. See his website at www.employment-barrister-uk.com Free Articles on Law and many other topics
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Tax Loopholes: 3 Ways To Make Tax Laws Work For You
By By Chris Malta & Robin Cowie
Many people associate the words “tax loopholes” with questionable accounting practices. But according to tax strategist Diane Kennedy, of http://TaxLoopholes.com, “A loophole is nothing more than a Read more...
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Helping Working Families With The Earned Income Tax Credit
By Michael
In the past, clients of NORWESCAP's Family Self-Sufficiency program in Morris County, NJ have used the tax return they received through the Earned Income Tax Credit (EITC) for a down payment on a Read more...
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401k And Alternative Retirement Plans
By johnmehrmann
2007-01-13 Today is the best day to start planning and saving for the rest of your life. The 401(k) is a wonderful savings plan if Read more...
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Retirement In Jeopardy
By Bill Bates, Fri Dec 9th
Enron and United Airlines and so many more are specific examplesof the reasons your retirement is in jeopardy.Lets throw in two more examples, Social Security and "MotherNature".An Read more...
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Meet 5 Kickstarter tech stars
<img src='http://assets.bizjournals.com/sanfrancisco/print-edition/MigicovskyEric8302_pv12*100.jpg?v=1'>Palo Alto-based Pebble raised $10 million on the crowd funding platform Kickstarter for a digital watch that interfaces with iPhones and Android-based phones ? more than any other project.
Here's a look at five more Bay Area projects that have found success on Kickstarter:
Hidden Radio & Bluetooth Speaker: $939,000
After working around the world for many tech companies, industrial Designers John Van Den Nieuwenhuizen and Vitor Santa Maria decided to branch out on their own....
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</div>ApniCure wins FDA clearance for sleep apnea device
ApniCure Inc. can go ahead with marketing a sleep device in the United States after the Food and Drug Administration cleared the product.
The privately held Redwood City company said Friday that its Winx Sleep Therapy System -- using a light, oral vacuum and a slim tube connected to a soft, flexible mouthpiece -- will launch in select markets this year. It is designed for people with obstructive sleep apnea.
The Winx system will be sold more broadly in 2013, said President and CEO Steve Carlson.
Founded...<div class="feedflare">
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</div>Senior Resource Group buys Daly City 'independent living' facility, changes name
<img src='http://assets.bizjournals.com/sanfrancisco/news/Michael%20Grust-SRG*100.jpg?v=1'>Senior Resource Group LLC has acquired Monarch Village San Francisco, a 208-unit Daly City senior living center, the Solana Beach-based company said earlier this week. Terms of the deal were not disclosed.
ASL Monarch Living in Santa Ana previously owned the Daly City center, according to its web site, but officials there had "no comment" on the Senior Resource Group announcement, released May 15, and wouldn't confirm that a deal had taken place.
F. John Haffner III, listed on the ASL Monarch...<div class="feedflare">
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</div>Zynga, Yelp down as Facebook closes flat
Shares in Groupon, Yelp and particularly Zynga were all down as Facebook Inc.'s historically larger initial public offering arrived without the price pop that investors had apparently expected in initial trading.
Trading of San Francisco-based Zynga Inc.'s shares (NASDAQ: ZNGA) was suspended for 45 minutes after dropping more than 13 percent, and closed for the day at $7.16, down 13.42 percent. Yelp Inc. (NYSE: YELP), also of San Francisco, closed at $18.64, down 12.36 percent, LinkedIn Corp. (NASDAQ:...<div class="feedflare">
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Financing Your Child's Education
<p>Did you know that a four year degree at a public university may cost upwards of $100,000 in 18 years? That's bad news for new parents who expect their kids to go to school, but fortunately it isn't that hard to save up the money needed for college if you start early. Time is on your site if you start early, but it becomes your enemy if you wait too long. So, here's <a href="http://clk.about.com/?zi=1/1hc&zu=http://financialplan.about.com/od/savingforcollege/a/Financing-Your-Childs-Education.htm">how to finance your child's education</a>.</p><p style="background:#f5f3ef;border:1px solid #d5d0bf;clear:both;padding:.5em;"><a href="http://clk.about.com/?zi=1/1hc&zu=http://financialplan.about.com/b/2012/04/30/financing-your-childs-education.htm">Financing Your Child's Education</a> originally appeared on <a href="http://clk.about.com/?zi=1/1hc&zu=http://financialplan.about.com/">About.com Financial Planning</a> on Monday, April 30th, 2012 at 14:51:31.</p><p><a href="http://clk.about.com/?zi=1/1hc&zu=http://financialplan.about.com/b/2012/04/30/financing-your-childs-education.htm">Permalink</a> | <a href="http://clk.about.com/?zi=1/1hc&zu=http://financialplan.about.com/b/2012/04/30/financing-your-childs-education.htm#gB3">Comment</a> | <a href="http://financialplan.about.com/gi/pages/shareurl.htm?PG=http://financialplan.about.com/b/2012/04/30/financing-your-childs-education.htm&zItl=Financing Your Child's Education">Email this</a></p>Get Help Getting Out of Debt
<p>Credit card debt is one of the biggest problems most people face when trying to get a handle on their finances. Credit cards make it easy to spend more money than you have, and then the crippling interest rates and fees make it seem impossible to get out from under. While there isn't an instant cure for credit card debt, there are steps you can take to put yourself on a path to becoming debt free.</p>
<p>It takes a little planning, a little budgeting, and some time, but if you keep at it you'll find that you're getting out of debt faster than you had imagined. <a href="http://clk.about.com/?zi=1/1hc&zu=http://financialplan.about.com/od/creditdebtmanagement/qt/how-to-get-out-of-debt.htm">Here's the process to help you eliminate your credit card debt</a>.</p><p style="background:#f5f3ef;border:1px solid #d5d0bf;clear:both;padding:.5em;"><a href="http://clk.about.com/?zi=1/1hc&zu=http://financialplan.about.com/b/2012/04/22/get-help-getting-out-of-debt.htm">Get Help Getting Out of Debt</a> originally appeared on <a href="http://clk.about.com/?zi=1/1hc&zu=http://financialplan.about.com/">About.com Financial Planning</a> on Sunday, April 22nd, 2012 at 20:08:55.</p><p><a href="http://clk.about.com/?zi=1/1hc&zu=http://financialplan.about.com/b/2012/04/22/get-help-getting-out-of-debt.htm">Permalink</a> | <a href="http://clk.about.com/?zi=1/1hc&zu=http://financialplan.about.com/b/2012/04/22/get-help-getting-out-of-debt.htm#gB3">Comment</a> | <a href="http://financialplan.about.com/gi/pages/shareurl.htm?PG=http://financialplan.about.com/b/2012/04/22/get-help-getting-out-of-debt.htm&zItl=Get Help Getting Out of Debt">Email this</a></p>Mortgages for Military Personnel and Veterans
<p>Mortgage rates continue to sit at historic lows, and it's a good time to buy a home if you're in the market for one. One of the most difficult aspects of buying a home is dealing with the mortgage process. There are countless loan options and lenders, and finding the best deal can ultimately save you tens of thousands of dollars.</p>
<p>Thankfully, the government steps in to help make the process a little easier for military personnel and veterans by offering a <a href="http://clk.about.com/?zi=1/1hc&zu=https://www.vamortgage.com/va-mortgage-loans">VA home mortgage</a>. Those who qualify are: Veterans, active duty personnel, certain reservists and National Guard members, surviving spouses of persons who die on active duty or die as a result of service-connected disabilities, certain spouses of active duty personnel who are (a) missing in action, (b) captured in line of duty by a hostile force, or (c) forcibly detained by a foreign government or power.</p>
<p>The VA loan program is relatively simple. You simply shop around through private lenders and once you provide eligibility, VA steps in to back the loan. What this means is if something happens and you find you are unable to make the payments, the lender can then turn to the VA for any losses that may occur. This type of insurance is what makes banks more willing to lend money since they know they are protected.</p>
<p>There are also a number of other benefits of a <a href="http://clk.about.com/?zi=1/1hc&zu=https://www.vamortgage.com/">VA mortgage</a>. You can often buy a home without a down payment as long as the appraised value doesn't come in below the sales price. This can be quite a help to those who might be returning home from deployment but may not have set aside the funds for a down payment yet. In addition, because these loans are "insured" by the VA you won't need to pay <a href="http://clk.about.com/?zi=1/1hc&zu=http://financialplan.about.com/od/realestatemortgages/qt/Eliminate-PMI.htm">private mortgage insurance</a>, which can be a costly addition to any mortgage. Finally, there are also limits as to how much you can be charged for closing costs, and in some cases closing costs may be paid entirely by the seller.</p>
<p>As you can see, there are a number of benefits available through a VA loan program. While the basics of buying a home still apply, there are certainly some added features and benefits that make buying a home with a VA mortgage a little more attractive.</p><p style="background:#f5f3ef;border:1px solid #d5d0bf;clear:both;padding:.5em;"><a href="http://clk.about.com/?zi=1/1hc&zu=http://financialplan.about.com/b/2012/04/13/mortgages-for-military-personnel-and-veterans.htm">Mortgages for Military Personnel and Veterans</a> originally appeared on <a href="http://clk.about.com/?zi=1/1hc&zu=http://financialplan.about.com/">About.com Financial Planning</a> on Friday, April 13th, 2012 at 11:26:31.</p><p><a href="http://clk.about.com/?zi=1/1hc&zu=http://financialplan.about.com/b/2012/04/13/mortgages-for-military-personnel-and-veterans.htm">Permalink</a> | <a href="http://clk.about.com/?zi=1/1hc&zu=http://financialplan.about.com/b/2012/04/13/mortgages-for-military-personnel-and-veterans.htm#gB3">Comment</a> | <a href="http://financialplan.about.com/gi/pages/shareurl.htm?PG=http://financialplan.about.com/b/2012/04/13/mortgages-for-military-personnel-and-veterans.htm&zItl=Mortgages for Military Personnel and Veterans">Email this</a></p>Where Do Your Social Security Taxes Go?
<p>If you work and earn income, you are probably aware of the Social Security taxes that come out of your paycheck. Social Security Taxes, otherwise known as FICA Tax (Federal Insurance Contributions Act) is paid by employees and employers to fund the Social Security and Medicare programs. Since a fairly large portion of your income goes towards this tax, it is important to understand where it actually goes, and what benefit it may provide to you.</p>
<h3>Social Security</h3>
<p>The bulk of your FICA Tax money goes into the Social Security program. To be exact, roughly 85 cents of each dollar goes toward Social Security. The money that current wage earners put into the program goes into various trust funds that pay the monthly benefits to current retirees, families, and surviving spouses and children of workers who have died. Costs associated with administering the plan come directly from the trusts.</p>
<p>The administration claims that for each Social Security tax dollar you pay, less than one cent goes toward administration costs.</p>
<h3>Medicare</h3>
<p>The remainder of the FICA Tax money you pay, roughly 15 cents of each dollar, goes into the Medicare program. Like Social Security, the money paid by current wage earners goes into trust funds that pay for some hospital and medical care costs incurred by current Medicare beneficiaries.</p>
<h3>Plan Ahead so You Don't Need to Rely Solely on Social Security</h3>
<p>When you take a look at all of the money that you pay into Social Security to hopefully provide for old age retirement benefits and medical coverage, you better hope that you get every penny back and more. Well, if you still have some time yet until retirement, it is impossible to know what the future holds for these programs. The best thing you can do is to put some money aside for the future to supplement any benefits that you may receive. One way to do this is to open a <a href="http://clk.about.com/?zi=1/1hc&zu=http://financialplan.about.com/od/retirementplanning/a/traditionalira.htm">Traditional IRA</a>. Not only will you save some money on taxes right now, but you'll have a nice stash of money to supplement your government benefits.</p><p style="background:#f5f3ef;border:1px solid #d5d0bf;clear:both;padding:.5em;"><a href="http://clk.about.com/?zi=1/1hc&zu=http://financialplan.about.com/b/2012/04/08/where-do-your-social-security-taxes-go.htm">Where Do Your Social Security Taxes Go?</a> originally appeared on <a href="http://clk.about.com/?zi=1/1hc&zu=http://financialplan.about.com/">About.com Financial Planning</a> on Sunday, April 8th, 2012 at 20:13:11.</p><p><a href="http://clk.about.com/?zi=1/1hc&zu=http://financialplan.about.com/b/2012/04/08/where-do-your-social-security-taxes-go.htm">Permalink</a> | <a href="http://clk.about.com/?zi=1/1hc&zu=http://financialplan.about.com/b/2012/04/08/where-do-your-social-security-taxes-go.htm#gB3">Comment</a> | <a href="http://financialplan.about.com/gi/pages/shareurl.htm?PG=http://financialplan.about.com/b/2012/04/08/where-do-your-social-security-taxes-go.htm&zItl=Where Do Your Social Security Taxes Go?">Email this</a></p>What to do With Your Tax Refund
<p>This is that time of year when you may be anticipating a beefy tax refund that could be anywhere from hundreds to thousands of dollars. The next question you may be asking is what to do with the money you get back from the IRS. You have a lot of options, and some are better than others. Here are a few ideas on <a href="http://clk.about.com/?zi=1/1hc&zu=http://financialplan.about.com/od/taxplanning/a/Spending-Your-Tax-Refund.htm">how to spend your tax refund</a>.</p><p style="background:#f5f3ef;border:1px solid #d5d0bf;clear:both;padding:.5em;"><a href="http://clk.about.com/?zi=1/1hc&zu=http://financialplan.about.com/b/2012/03/29/what-to-do-with-your-tax-refund.htm">What to do With Your Tax Refund</a> originally appeared on <a href="http://clk.about.com/?zi=1/1hc&zu=http://financialplan.about.com/">About.com Financial Planning</a> on Thursday, March 29th, 2012 at 21:41:59.</p><p><a href="http://clk.about.com/?zi=1/1hc&zu=http://financialplan.about.com/b/2012/03/29/what-to-do-with-your-tax-refund.htm">Permalink</a> | <a href="http://clk.about.com/?zi=1/1hc&zu=http://financialplan.about.com/b/2012/03/29/what-to-do-with-your-tax-refund.htm#gB3">Comment</a> | <a href="http://financialplan.about.com/gi/pages/shareurl.htm?PG=http://financialplan.about.com/b/2012/03/29/what-to-do-with-your-tax-refund.htm&zItl=What to do With Your Tax Refund">Email this</a></p>
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Financial planning is a process of managing your finances to help you make the most of your money to achieve your goals. You may be preparing for retirement or want to make sure you can cover the cost of educating your children. ...
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