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2011-04-15 12:12:00STOP PRESS
Second draft of Employment Equality (Repeal of Retirement Age Provisions) Regulations 2011 laid before Parliament
A revised second draft of the Employment Equality (Repeal of Retirement Age Provisions) Regulations 2011, which abolish the default retirement age (DRA) of 65, have now been published and laid before Parliament and will come into force on 6 April 2011. The amended version now corrects the drafting anomaly in the transitional provisions …
Second draft of Employment Equality (Repeal of Retirement Age Provisions) Regulations 2011 laid before Parliament A revised second draft of the Employment Equality (Repeal of Retirement Age Provisions) Regulations 2011, which abolish the default retirement age (DRA) of 65, have now been published and laid before Parliament and will come into force on 6 April 2011. The amended version now corrects the drafting anomaly in the transitional provisions and makes it clear that the transitional arrangements will apply regardless of whether an employee’s 65th birthday is before or after 6 April 2011 (provided always that it is before 1 October 2011).
The last date for issuing a notice of intended retirement date under the current regime is 5 April 2011 (and this is now clarified in the amended draft regulations) and the employer can set the retirement date at any time up to 12 months later, provided six to 12 months’ notice of intended retirement is given, the statutory retirement procedure is followed correctly and the employee has attained or will attain the age of 65 (or, if higher, the employer’s normal retirement age) on or before 30 September 2011.
The amended draft regulations also now contain a longstop date of 5 January 2012 for an employee to exercise his right to request to work beyond retirement. This enables an employee who is given 12 months’ notice of retirement on 5 April 2011 to exercise his right to request on the last day available (which is three months before the employer’s notice runs out).
A note from the Government states that an extension of employment of up to six months can still be agreed during the transitional period through the statutory retirement procedure.
Any purported retirement dismissal notified from 6 April 2011 onwards will, if not objectively justified, amount to unlawful age discrimination under section 13 of the Equality Act 2010. It is also likely to constitute an unfair dismissal.
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Worker Registration Scheme for Eastern European workers to close
The Accession State Worker Registration Scheme is to close on 30 April 2011 and therefore the restrictions on workers who come to the UK from the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Slovakia and Slovenia will cease to apply with effect from 1 May 2011 …
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Government details plans for a package of sweeping reform to regulation
The Government has announced a range of measures to reduce the amount of red tape faced by business, including a public audit of almost 22,000 statutory instruments that are currently on the statute book and a moratorium to exempt businesses with fewer than ten employees and genuine start-up companies from any new domestic regulations for three years (to the extent that this is possible under EU law) …
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List of new employment legislation due in force in April 2011
The following employment-related legislation will come into force in April 2011 …
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Employment law implications of the 2011 Budget and Plan for Growth
The Government has published the 2011 Budget and accompanying 'Plan for Growth'. While many of the employment-related measures have already been announced, some are new …
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