Umpires Lose Their Case

[grumpy01]

The two 65 year old Cricket Umpires Peter Willey and George Sharp have lost their appeal at having to automatically retire at 65.Surely unless the cricket authorities can point to specific areas of incompetence or unfitness to carry out their duties then surely they are breaking employment law.

[jno]

I think you're right

https://www.gov.uk/retirement-age

[Buenchico]

Unfortunately the Court ruling in [i]Seldon v Clarkson Wright & Jakes[i] seems to have undone some of what the law prohibiting automatic retirement ages set out to do:
http://www.out-law.com/en/articles/2014/july/eat-upholds-uk-law-firms-proportionate-mandatory-retirement-age-of-65/
It seems that policies relating to 'retention and recruitment' and 'workforce planning' (which together could be broadly interpreted as 'getting rid of the old guys to let the young guys have a chance') can still be used as valid reasons to force someone to retire at a specific age.

[New Judge]

Yes, Chris beat me to it.

If the organisation engaging them can show a “Legitimate aim” which they are seeking to meet by the compulsory retirements then they can do so on age grounds.

There is plenty of case law on this but the most usual “Legitimate aim” in cases like this is “creating progression opportunities” (i.e. allowing the recruitment of younger people to the job and the progression of those already in post). Employers have to show that their measures are necessary and proportionate.

An Employment Tribunal held that a retirement age of 48 for assistant football referees was found to be direct age discrimination (Martin and Others v Professional Game Match Officials (2009)). The legitimate aim of "creating progression opportunities" was accepted, but the age of 48 was not considered reasonable or necessary. The Tribunal found that there were less discriminatory means of achieving that aim.

[New Judge]

By the way, this is obviously the same former Test all-rounder turned-umpire on whom Brian “Johnners” Johnston famously commentated when he was facing the West Indies’ Michael Holding:

"The bowler's Holding, the batsman's Willey".

(Johnners and Blowers retire for a slice of chocolate cake amongst much giggling).

Also, in 1979, Willey caught Australia's Dennis Lillee off the bowling of Graham Dilley, resulting in a scorecard entry of: "Lillee c Willey b Dilley".

[DSJ]

Yes it is, New Judge, and he is the father of David Willey, the Northamptonshire vice-captain, who will be playing test cricket himself before long.