Topics

Retirement

New and updated

  • Type:
    Policies and procedures

    Pre-retirement training policy

    A model pre-retirement training policy, which sets out the pre-retirement training that is offered to employees.

  • Date:
    10 July 2012
    Type:
    Employment law cases

    Age discrimination: ECJ rules Swedish default retirement age of 67 to be lawful

    The European Court of Justice has upheld the Swedish law that allows an employer to terminate an employee's contract of employment on the sole ground that he or she has reached the age of 67, taking no account of the pension that the employee will receive. 

  • Date:
    26 April 2012
    Type:
    Employment law cases

    Age discrimination: Supreme Court provides guidance on justification of compulsory retirement age

    The Supreme Court has provided guidance on the components needed to justify a compulsory retirement age, stressing that the chosen retirement age has to be appropriate and necessary in that particular business. It went on to say that, once a retirement age is justified for a workplace or group of workers, the employer does not have to justify every retirement on an individual basis. 

  • Date:
    26 April 2012
    Type:
    Employment law cases

    Supreme Court holds that degree requirement for promotion was indirect age discrimination against employee nearing retirement

    The Supreme Court has held that a requirement that employees obtain a law degree before they could be promoted to the highest grade was indirect age discrimination against the claimant, who did not have enough time to complete a degree before he reached the employer's retirement age. However, it sent the case back to the employment tribunal to decide whether or not the employer's actions were justified as a proportionate means of achieving a legitimate aim. 

  • Date:
    19 September 2011
    Type:
    Employment law cases

    Age discrimination: German collective agreement requiring pilots to retire at 60

    The European Court of Justice has held that a rule in a collective agreement applicable to the crew of the German airline Deutsche Lufthansa prohibiting pilots from flying after the age of 60 is discriminatory on the ground of age. 

  • Date:
    25 July 2011
    Type:
    Employment law cases

    ECJ considers justification of compulsory retirement at 65 in German context

    The European Court of Justice has held that German legislation that requires civil servants to retire at 65 can be justified if "appropriate and necessary" means are used to achieve the aim of balancing the employment levels of young and older civil servants to encourage the recruitment and promotion of young people. It also stressed that budgetary considerations cannot by themselves constitute a legitimate aim in relation to a member state's social policy. 

  • Type:
    How to

    How to work without a compulsory retirement age

    Practical guidance on working without a compulsory retirement age, including the law on age discrimination and mandatory retirement; retaining a justified retirement age; age-related benefits; pre-retirement advice and discussions; and succession planning.

  • Type:
    Employment law cases

    Case round-up

    Claire Benson is managing associate and Helen Corbett, Sinead Jones, Helen Ward and Tori O'Neil are associates at Addleshaw Goddard LLP. They round up the latest rulings.

  • Type:
    FAQs

    How should employee share schemes deal with employees who leave due to retirement?

  • Type:
    Employment law cases

    Managers' comments put undue pressure on underperforming older worker to retire early

    The employment tribunal in this case found that comments from two managers in capability meetings, suggesting that an underperforming older worker might consider early retirement, constituted age discrimination.