Age

The UCEA briefing on age diversity has been updated for 2012. It includes summaries of relevant tribunal decisions and higher education case studies. 

Age Diversity and Workforce Management July 2012

Contact Nicola Carter for advice on age discrimination and Emelda Nicholroy for further information on the various pensions issues. 

 

Employer justified retirement age

Both Oxford and Cambridge have introduced an 'employer justified retirement age' (EJRA).

An example process is as follows:

  • Legal advice on the objective justification for retaining a retirement age
  • Consultation on the proposed EJRA, staff and trade unions
  • Equality impact assessment, consider alternatives and what age to adopt
  • Develop detailed policy and procedure with legal advice
  • Consultation on the policy and procedure
  • Approval by council and implementation

Seldon v Clarkson Wright and Jakes

The August UCEA Bulletin reports on the final decision on Seldon v Clarkson Wright and Jakes. The EAT held that a retirement age of 65 for partners in a law firm was appropriate and reasonably necessary to meet the legitimate aims of staff retention and workforce planning.

The importance of this case should not be over estimated as the tribunal made their assessment on the specific facts of the case and on the situation in 2006 (when Seldon was retired).

 

Age related benefit

To avoid potential for discriminatory grading structures (age and/or sex) it is advisable for each grade in the pay structure to be no longer than six points (five years incremental progression) unless this can be objectively justified.
 
UCEA Update 06:053 (below) provides a summary of the legal background to this advice:
 

 

This page was last updated in 24 August 2018