UK: BRAIN FOOD - Workplace rights - Golden years.

UK: BRAIN FOOD - Workplace rights - Golden years. - Forget gold watches - retiring staff may soon be pocketing up to £50,000 in damages. Take John Rutherford, 67, who claimed unfair dismissal when he was sacked by Harvest Town Circle. The Employment Righ

by MICHAEL BURD and JAMES DAVIES at Lewis Silkin, solicitorsE-mail: info@lewissilkin.com.
Last Updated: 31 Aug 2010

Forget gold watches - retiring staff may soon be pocketing up to £50,000 in damages. Take John Rutherford, 67, who claimed unfair dismissal when he was sacked by Harvest Town Circle. The Employment Rights Act says you must be below retirement age to sue. However, as more men than women work beyond retirement age, preventing oldies from claiming discriminates against men contrary to Euro laws, which override UK legislation.

The tribunal agreed with Mr Rutherford and has allowed his claim to proceed.

Until now, the Government has preferred a voluntary code of practice for retirement ages. However, if compulsory retirement becomes a thing of the past, it will be possible to retire staff only when they're no longer up to the job or redundant.

In the US, age discrimination laws already effectively outlaw mandatory retirement ages - could we be heading the same way?

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