Retirement at Age 65 

It had been thought that provided the appropriate notices were issued prior to April of this year, a compulsory retirement at age 65 or over prior to October of this year would not be unfair or trigger a claim for age discrimination.  Doubt has now been thrown on that by the publication of the draft regulations.  It may well be an error in drafting but the regulations appear to suggest that such a dismissal may well be unlawful and constitute age discrimination.  Employers contemplating dismissing by reason of retirement before October of next year would be well to keep an eye on the progress of the regulations.

Restrictive Covenants

There is always a risk for employers who dismiss an employee in breach of contract (i.e. with no or short notice) that any restrictive covenants might be held to be unenforceable.  A recent case considered whether this would also apply to an unfair dismissal.  The courts have held that as the law stands, it will not apply to an unfair dismissal. 

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Maternity Cover

The Employment Rights Act provides that if an employee is taken on, on a temporary basis to cover for an absent employee and that this has been made clear in writing to the employee, then terminating the temporary employee will be a dismissal by some other substantial reason.  However in a recent case it was held that this might not always be the case and if for example the true reason for dismissal was redundancy then the dismissal would be by reason of redundancy and not some other substantial reason.  It cannot therefore be taken for granted that dismissal of temporary cover will be found to be fair for some other substantial reason.

Discrimination by Association

We have previously reported that it is possible to discriminate against somebody who is not disabled, but cares for a disabled person.  The Equality Act has extended this form of discrimination so that for example a person who is discriminated against because of his partner’s pregnancy may well be able to bring a claim under the Equality Act.  It should also be noted that a claim by an employee for racial harassment or discrimination suffered at the hands of third parties and not the employer, may now be brought by the employee against the employer under the Equality Act.

Flexible Working

The right to request flexible working will apply to all parents of children under the age of 18 as from 6^th April 2011.

N.B. These notes are for guidance only and further advice should be sought before undertaking any action so that the full consequences can be considered.

David Downton & Co Solicitors, Harefield Chambers, 2 Brook Farm, Northampton Road, Cosgrove, Milton Keynes, MK19 7BB

Tel: 01908 563030   Fax: 01908 565252

E-mail: david@daviddowntonlaw.com

Website: www.daviddowntonlaw.com