The ECJ has held that the UK's retirement provisions under the Employment Equality (Age) Regulations 2006 do fall within the scope of the Equal Treatment Framework Directive. The High Court now has to decide whether the retirement of workers at the age of 65 is justified by a legitimate aim and if the means of achieving that aim are appropriate and necessary.
This decision mirrors the Advocate General’s opinion delivered in September 2008 when he confirmed there is no requirement for national law to set out treatment that may be justified and that there was no difference in the Directive between the test for justification in respect of direct and indirect age discrimination.
Hopefully further clarity will follow in time.
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Tuesday, March 10, 2009
Tuesday, March 3, 2009
Penalties for Employers with National Minimum Wage arrears
From 6 April 2009 employers could receive an automatic penalty if HMRC find National Minimum Wage (NMW) arrears.
Penalties will range from £100 to £5,000 in addition to the arrears of pay owed to the employees. Employers who settle within 14 days of notification will receive a 50 per cent discount of the penalty for prompt payment. A serious offence could lead to a criminal sentence or an unlimited fine.
Investigating officers will be given increased powers including powers to remove the NMW records from an employer’s premises. They will also be able to remove complete records rather than having to determine which part relates to NMW.
©HRAdviseMe™ www.hradvise.me Email ask@hradvise.me
From 6 April 2009 employers could receive an automatic penalty if HMRC find National Minimum Wage (NMW) arrears.
Penalties will range from £100 to £5,000 in addition to the arrears of pay owed to the employees. Employers who settle within 14 days of notification will receive a 50 per cent discount of the penalty for prompt payment. A serious offence could lead to a criminal sentence or an unlimited fine.
Investigating officers will be given increased powers including powers to remove the NMW records from an employer’s premises. They will also be able to remove complete records rather than having to determine which part relates to NMW.
©HRAdviseMe™ www.hradvise.me Email ask@hradvise.me
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