Legal Ease

COMPULSORY RETIREMENT AT 65
Age equality campaigners have lost the latest round of a legal battle to ban compulsory retirement at 65 in Britain, which is good news for now, but this may soon change.

A High Court Judge has ruled that British Workers can legally be retired at the age of 65 by their employer - as long as the statutory retirement procedure has been followed. The High Court was satisfied that the Government had proved to the requisite high standard that a compulsory retirement age was a proportionate means of achieving legitimate social policy aims.
The decision means that there is nothing to stop an employee from making a request that they continue to work after retirement age, but the employer can refuse that request without having to give a reason. When a worker is ‘retired’ there is no requirement to offer any kind of financial compensation.
The Government announced it was bringing forward its review of the compulsory age from 2012 to 2010. It is likely that following the review, the Government will increase the compulsory retirement and may even remove it altogether from as early as 2011. Not such good news for the employer!!

IMMIGRATION, ASYLUM AND NATIONALITY ACT 2006
The Attorney General (AG) has recently been fined £5000 for employing a worker illegally as her housekeeper did not have permission to work in the UK. The AG stated that she did ask to see her employees passport, P45, marriage certificate and a letter from the home office granting her leave to remain in the UK and these documents were produced as part of the recruitment process. However, the AG did not take copies of the documents, therefore, had no proof that these documents were ever produced! It is prudent to make all offers subject to the applicant producing evidence of their right to work in the UK, (ask to see the originals of the required documents during the recruitment process) regardless of nationality, to take a copy of these documents and keep them on the employees personnel file. It is wise to keep these documents for a period of 6 years after any employment has ended.

ADDITIONAL PATERNITY LEAVE AND PAY
The government has announced its intention to introduce Additional Paternity Leave and Pay for fathers of babies due on or after 3rd April 2011.

SOCIAL SECURITY (MEDICAL EVIDENCE) AND STATUTORY SICK PAY (MEDICAL EVIDENCE) AMENDMENT REGULATIONS 2010
These Regulations will replace the current ‘sick note’ approach with a ‘fit note’ system. They change the format of the medical statement to allow Doctors to record whether a patient is either fit or not fit for work, plus a new option to allow a Doctor to indicate that someone ‘may be fit for some work now’ detailing what they can do. The process has not been finalised as yet but is due to come into force in April 2010. So Watch This Space!