United Kingdom: Partnership Retirement Age: 65 And Out!

This summer saw the end of the long drawn out litigation brought by Leslie Seldon, a former partner of law firm Clarkson, Wright & Jakes, against his former firm that its mandatory retirement age of 65 was age discriminatory.  An Employment Tribunal found that Clarkson, Wright & Jakes’ mandatory retirement age of 65 was a proportionate means of achieving the legitimate aims of work force planning and staff retention and therefore did not amount […]

By | November 28th, 2013 ||

TUPE Update – Mitigating The Risk – November 2013

Draft Amendment Regulations Published
The Government published draft Regulations to amend TUPE on 1 November. This follows the publication of the Government’s response to the consultation process on reforming TUPE in September 2013 (“Consultation Response”) (see earlier Briefing Note). In brief, the key headlines are as follows.
Timing
The current indication is that the draft Regulations will be laid before Parliament in December and that the amendment Regulations will come in to force in January 2014.

TUPE and […]

By | November 27th, 2013 ||

South Africa: Retrospective Reinstatement: Quantifying Back Pay

Where an employee has been unfairly dismissed, the court may order that the employer reinstate the employee retrospectively with back pay. The rationale behind such an order is to place the employee in the position he or she would have been in save for the dismissal.

The question then is whether the back pay is inclusive of any other employee benefits, financial or otherwise, provided for in the employment contract or company policy.

In the case […]

By | November 27th, 2013 ||