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publicado el 06 de MARZO 2009
Richard Nicolle of Denton Wilde Sapte on European Court of Justice in the Heyday case
Compulsory retirement - is it lawful?

Richard Nicolle, employment partner at Denton Wilde Sapte says: "Today's decision of the European Court of Justice in the Heyday case will come as little surprise to those who have followed the case since the Advocate-General's opinion last September.
As expected, the Court made the following points:
UK employers are able to retire employees at age 65 lawfully;

It is very likely that the High Court will find that the Government did have a legitimate aim behind the compulsory retirement age. However, given the current economic climate, the ruling will be disappointing news for some pensioners who would choose to work beyond retirement. Hundreds of legal actions were stayed pending the ECJ's decision. Pensioners who have been forced to retire await the outcome of the High Court's final decision and, therefore, the outcome of their compensation claims."
Denton Wilde Sapte's employment department is well-placed to comment on this legislation. Clients speaking to Chambers UK Guide to the Legal Profession, describe the team as "tremendously responsive and helpful - providing a senior level of advice and support and working in a collaborative way." The group handles a significant amount of work for individuals, acting for senior management in terminations. Sainsbury's, Rentokil Initial, Honda, United Airlines and Universal Pictures International are some of the department's largest clients. The team was also successful in being appointed to the employment panel of the Pension Protection Fund. Recently, the team advised on religious and age discrimination issues over the past year, and handled significant transactional work. International employment advice is co-ordinated through the London office and work includes pan-European redundancy programmes and advising US clients with UK operations. Richard Nicholle has significant experience of all areas of contentious and non contentious employment law.
Pauline McArdle is described by commentators as having "energy and vim" and she demonstrates "great skill in negotiating tricky cases." She advises both public and private sector employers, as well as senior executives, and recent highlights include advising Honda on strategic employment matters, acting for MGM on termination issues, advising United Airlines on a proposed strike action and handling a High Court bonus claim for a senior executive.




 

 
 

 

 

 


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