Personnel Today
  • Home
    • All PT content
    • Advertise
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Equality, diversity and inclusion
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • XpertHR
    • Learn more
    • Products
    • Pricing
    • Free trial
    • Subscribe
    • XpertHR USA
  • Webinars
  • OHW+

Personnel Today

Register
Log in
Personnel Today
  • Home
    • All PT content
    • Advertise
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Equality, diversity and inclusion
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • XpertHR
    • Learn more
    • Products
    • Pricing
    • Free trial
    • Subscribe
    • XpertHR USA
  • Webinars
  • OHW+

Latest NewsEquality, diversity and inclusionRetirement

Ruling maintains normal retirement age does not transfer under TUPE

by Mike Berry 12 May 2006
by Mike Berry 12 May 2006

The Court of Appeal has upheld a tribunal decision in the case of Cross v BA, that a normal retirement age does not transfer under TUPE regulations.

The claimants worked for British Caledonian, which had a retirement age of 60. After the airline’s take-over by British Airways (BA) in 1988, they continued to work for BA, whose retirement age was 55.

Some 13 years after the transfer, the employees were retired at age 55, and claimed unfair dismissal. BA argued that they had reached the normal retirement age, and therefore could not claim unfair dismissal.

The employees argued that British Caledonian’s normal retirement age was 60, and that this retirement age had transferred to BA under TUPE.

The Court of Appeal confirmed that a ‘normal retirement age’ is not the same a contractual retirement age, and is not one of the ‘rights, powers, duties and liabilities’ which transfers under TUPE.

Accordingly, the claimants could not maintain their argument that their normal retirement age was ‘frozen’ because of the TUPE transfer. The court found that since they had reached the normal retirement age of 55, they were not entitled to claim unfair dismissal.

Thanks to Daniel Barnett, a barrister at 1 Temple Gardens

Avatar
Mike Berry

previous post
MP slams celebrity chef’s call to scrap minimum wage for restaurant staff
next post
Skills shortage is London’s biggest problem

You may also like

Royal Mail strike: Union urges it to ‘get...

10 Aug 2022

Supporting non-binary and transgender staff: four key steps...

10 Aug 2022

Personnel Today Awards 2022 shortlist: Health and Wellbeing...

10 Aug 2022

Train conductor unfairly dismissed after ‘black privilege’ comment

10 Aug 2022

Nurses set to vote on strike over pay

9 Aug 2022

Former MP’s aide unfairly dismissed after whistleblowing

9 Aug 2022

Private spaces for focused work key to office...

9 Aug 2022

Top earners’ pay soars by 10% while lowest-paid...

8 Aug 2022

National Payroll Week: A compliance guide for SMEs...

8 Aug 2022

‘Pushy’ lawyer awarded £152k for sex discrimination

8 Aug 2022
  • 6 reasons why work-based learning is better than traditional training PROMOTED | A recent Fortune/Deloitte survey found that 71% of CEOs are anticipating that this year’s biggest business disrupter...Read more
  • Strengthening Scotland’s public services through virtual recruiting PROMOTED | This website is Scotland's go-to place for job seekers looking to apply for roles in public services...Read more
  • What’s next for L&D? Enter Alchemist… PROMOTED | It’s time to turn off the tedious and get ready for interactive and immersive learning experiences...Read more
  • Simple mistakes are blighting the onboarding experience PROMOTED | The onboarding of new hires is a company’s best chance...Read more
  • Preventing Burnout: How can HR help key workers get the right help? PROMOTED | Workplace wellbeing may seem a distant memory...Read more

Personnel Today Jobs
 

Search Jobs

PERSONNEL TODAY

About us
Contact us
Browse all HR topics
Email newsletters
Content feeds
Cookies policy
Privacy policy
Terms and conditions

JOBS

Personnel Today Jobs
Post a job
Why advertise with us?

EVENTS & PRODUCTS

The Personnel Today Awards
The RAD Awards
Employee Benefits
Forum for Expatriate Management
OHW+
Whatmedia

ADVERTISING & PR

Advertising opportunities
Features list 2022

  • Facebook
  • Twitter
  • Instagram
  • Linkedin


© 2011 - 2022 DVV Media International Ltd

Personnel Today
  • Home
    • All PT content
    • Advertise
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Equality, diversity and inclusion
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • XpertHR
    • Learn more
    • Products
    • Pricing
    • Free trial
    • Subscribe
    • XpertHR USA
  • Webinars
  • OHW+