The Coalition Government has announced its intention to abolish the Default Retirement Age of 65 from October 2011, with interim arrangements from April. A CIPD survey from October 2010 found over 40% of employees intend to stay on beyond 65. In order to terminate employment contracts of older workers employers will have to justify contractual retirements or dismiss employees on capability grounds – whilst being mindful of disability and age discrimination rights as well as unfair dismissal law. This conference will look at recent case law such as Rosenbladt and Seldon to interpret what “justification” actually means. It will investigate how employers can best maximise the benefits of an aging workforce whilst managing costs.
What will I get out of it - what are the learning outcomes?
Delegates will be given practical advice and comprehensive notes on a wide range of issues. By the end of the event you will know:
Course overview/outline programme
This programme will feature seven main sessions:
| 9.30am | Introduction - Why is this event so important? How should employers and their representatives prepare, not just for legislative change, but for the challenges and opportunities that will exist with an ageing workforce? Squire Sanders Hammonds |
| 9.45am | Interim Rules for Retirements from April - October 2011 We set out the main terms of the legislation, the differences that you must know and the rules that apply to terminations before October 2011. Easy reference table provided for all delegates. Squire Sanders Hammonds |
| 10.15am | Justification and Gathering Evidence The law will still allow employers to apply a contractual retirement age if they can justify it. But what exactly does 'justify' mean? How can an employer have faith that the 'justification' in their organisation will stand up in court? Do the recent ECJ rulings in Rosenbladt and other cases such as Seldon help employers? You cannot justify taking action without hard evidence. We provide practical guidance on the methods to gather the appropriate information in your organisation. Squire Sanders Hammonds |
| 11am | Networking and Break |
| 11.20am | Q&A |
| 11.30am | Employee Benefits & Pensions The default retirement age (DRA) of 65 will be officially scrapped from October 2011, but it will affect employers from April 6th onwards because of the need to give staff six months' notice if you want to lawfully retire them - are you ready? How can you justify retirement after 6th April, if at all? Stop Press! What's this, a BIS exception? The Government has indicated it 'will therefore introduce an exception to the principle of equal treatment on the grounds of age for group risk insured benefits provided by employers.' What does this mean and are there other exceptions to the law that might assist employers? A DIY case study - gap analysis: recognising best future employer practices. How will the proposed NEST pensions impact in the workplace? Mazars |
| 12.15pm | Cutting the Cloth to Fit and Minimising Cost Many contractual benefits were agreed when retirement was a given fact. Benefits such as long service awards, death in service benefits, additional annual leave, and particularly contractual sick pay are based on average costs that will inevitably increase as employees stay for longer and grow older, as will absence cost. We identify the costliest benefits that need to be addressed anew. Squire Sanders Hammonds |
| 12.45pm | Q&A |
| 1pm | Lunch |
| 2pm | Fitness for Work - Is Age Relevant? The role of Occupational Health specialists will increase as individual dismissals for incapability become more common. We all have to go sometime but what are the physiological signs of ageing and reductions in capability for work? How can OH help employers (and employees) face up to the inevitable need to end employment at the appropriate time? Dr Philip McCrea ~ OH Consultants |
| 2.45pm | Disability and Reasonable Adjustments An ageing workforce may mean an increasingly disabled workforce for some. What reasonable adjustments might actually be reasonable? What is the law on age and disability discrimination and how might this change after October 2011? Squire Sanders Hammonds |
| 3.30pm | Networking and Break |
| 3.45pm | Age Discrimination - Latest Case Law Selina Scott and Miriam O'Reilly may have hit the headlines recently with their high profile age discrimination cases but there have been many other cases too which employers really need to know about. This session reviews recent age discrimination case law and passes on latest guidance and advice on how to manage an ageing work force in terms of recruitment, promotion and dismissal. Squire Sanders Hammonds |
| 4.15pm | Q&A |
| 4.30pm | Close |
Who is it for?
This event is aimed at anyone who will have to deal with the opportunities and challenges that will be created by the abolition of the Default Retirement Age and an ageing workforce, including employers, HR and accountancy professionals, lawyers and employee representatives.
Duration ~ Date ~ Location
Full Day Conference: 9.30am-4.30pm
Wednesday 30th March 2011
Maple House, 150 Corporation St, Birmingham
Cost
Standard Rate: £425+VAT
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Speakers
This event is being run by Legal-Island in association with Squire Sanders Hammonds. Speakers will be drawn from their legal team. Non-legal sessions will be delivered by experts from Mazars and by Dr Philip McCrea of Occupational Health Consultants.
David Whincup ~ Partner, Squire Sanders Hammonds
Nick Jones ~ Partner, Squire Sanders Hammonds
Matthew Lewis ~ Partner, Squire Sanders Hammonds
Dr Phillip McCrea ~ Managing Director, Occupational Health Consultants
Mark Richardson ~ Head of Employee Benefits, Mazars