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Should retirement ages be linked to pension eligibility?
Seldon v Clarkson, Wright and Jakes in the Supreme Court reignited the debate on the extent to which retirement ages offend the principle of non discrimination contained within the Equality Act 2010. Since then, the European Court of Justice has handed down judgment in Torsten Hörnfeldt v Posten Meddelande AB, which also grapples with the justification of retirement ages and provides helpful guidance on the extent to which employees need to be ‘compensated’ for enforced retirement, via a pension or otherwise, in order for employers to meet the justification defence.
Download the full article here: 2012-should-retirement-ages-be-linked-to-pension-eligibility.pdf