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Business Development: Playing The Right Card
Leor Franks
With the decision earlier in the week in relation to car insurance in Belgium, ruling that it is unlawful to differentiate between male and female applicants in the setting of premiums, has not the European Court of Justice gone too far on this occasion?
After some prevarication, and consultation with business concerned about the effect that such a move would have on recruitment and retention of staff, the Government today announced that the Default Retirement Age (the age at which employers can force employees to retire – currently 65) is to be abolished from 6 April 2011.
The Coalition Government has indicated that it will increase the period of employment needed to bring an unfair dismissal claim to two years.
The Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) made a rare outing into the mainstream press this week. A Times editorial (a subscription to The Times’ website is required to follow the link) on Wednesday bemoaned TUPE as being a “significant deterrent to competition”. Many would agree. TUPE means that, where there is a "relevant transfer" of an undertaking to a new provider, the employees employed in that undertaking, together with all rights and liabilities in connection with their employment, will automatically transfer from the transferor employer to the transferee with special protection against transfer-related dismissal. “Relevant transfers” include asset purchases where the identity of the business unit is maintained and, significantly, service provision changes like outsourcing and insourcing.
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