Case report round-up: Automatic termination at retirement age provision was justified

XpertHR's latest case reports cover:

Contracts: Agreement as to crew numbers not incorporated into contracts In Malone and others v British Airways Plc [2011] IRLR 32 CA, the Court of Appeal held that the provisions of a collective agreement that purported to set “minimum” cabin crew numbers for different routes and types of aircraft were not incorporated into individual employees’ contracts of employment. The provisions amounted to a collective undertaking to operate with minimum numbers so as to protect jobs and guard against excessive workloads, and were binding in honour only. (Employment Review)
Age discrimination: Clause in collective agreement providing for automatic termination of contracts of employees who have attained the retirement age justified In Rosenbladt v Oellerking Gebäudereinigungsges mbH [2011] IRLR 51 ECJ, the ECJ held that art.6(1) of the Equal Treatment Framework Directive does not necessarily preclude domestic legislation that permits the use of automatic termination clauses based on the retirement age, or the use of such clauses in collective agreements. The crucial issue is whether or not such measures are objectively justified. (Employment Review)

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