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13 January 2011
The Employment Equality (Age) Regulations were introduced in 2006 to prohibit discrimination in employment because of age. Among other things, they introduced a national Default Retirement Age (DRA) of 65 and prohibited compulsory retirement below 65 unless objectively justified. In effect, therefore, it is lawful for an employer to discriminate against an employee on the grounds of their age when it comes to retirement.
The Government has decided to phase out the DRA. This consultation document sets out the background to the DRA, and explains the transitional arrangements which the Government is proposing for its removal. Removal of the DRA will begin on 6 April 2011, with transitional arrangements covering the period until 1 October 2011. It will still be possible for individual employers to operate a compulsory retirement age, provided that they can objectively justify it.
The closing date for responses was 21 October 2010.
Over 600 responses to the consultation were received, about 41 per cent from individuals, about 32 per cent from businesses and their representative organisations and the remainder from trade unions, Government agencies, charities, legal representatives and others.
The Government response, published 13 January 2011, announces the intention to phase out the default retirement age from April 2011. ACAS guidance has also been published today, together with an impact assessment.
These are all available from the Department for Business, Innovation and Skills website link below.
Note: Employers will still be able to set a retirement age but this will need to be ‘objectively justified’.
Note: for pdf files you will need to download adobe acrobat reader. To convert the pdf to alternative formats or for more information on accessibility go to access adobe.
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