Phasing out the default retirement age
Earlier this year, the government published a consultation document setting out its proposals for phasing out the default retirement age (the DRA) the effect of which is as follows:
- No new notices of retirement under the duty to consider procedure can be given after 31 March 2011 for retirements before 1 October 2011.
- However, where an employer has given a notice of retirement before 31 March 2011:
a) If the intended date of retirement is before 1 October 2011 and the statutory retirement procedure is followed - any dismissal will be fair.
b) If the intended date of retirement is on or after 1 October 2011 the DRA will not apply and any retirement will be unlawful unless the employer can objectively justify the retirement.
If you have employees whose 65th birthday is before 1 October 2011, you should act now to ensure that you are able to take advantage of the current ability of an employer to force retirement.
For more information on this or any employment or HR issue, please contact: