International Trade

New Age Of Muddle

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...something of a disappointment. It was hoped that much of the dialogue that had taken place with the relevant Government departments would be translated into a plain but full guide as to how, in practice, employers were expected to implement the relevant requirements.

Sadly, the Guidance seems to have retreated from the length and breadth of its original form and settled for a bland presentation, which does not add as much as, perhaps, it could.

What happens next?

The difficulties relating to the regulatory regime have not entirely abated. Whilst most schemes appear now to have little to fear, there will still be a materially significant number of issues to be wrestled with by those employers who sponsor less straightforward arrangements. Inevitably, the law will develop piecemeal as the tribunals and the UK courts try to deal with the problems that will arise. Ultimately, further guidance will be needed from the European Court of Justice.

At EU level, it has to be said that the more targeted use of the concept as incorporated in the law of the United States of America may have proved more positive. That is to say, that age discrimination should be seen in its proper context. It is primarily a doctrine that should assist the old. More generally, a generic form of exemption of the type adopted by the Irish government might have proved to be more helpful.

Conclusion

It was once said that one of the great thing about the British is that they do not drive home thin ends of wedges. For this particular piece of legislation it is to be hoped that this will prove to be true. At the end of the day, the great edifice that was the UK pension industry is already in danger of collapse. This legislation could prove to... continued on page five >

 

 

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