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Default Retirement Age to be scrapped this year


Lawson-West Solicitors - Expert Author

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08 February 2011

In an announcement by the Department for Business, Skills & Innovation, the default retirement age is to be phased out between April and October this year. This means that employers will no longer be allowed to dismiss staff because they have turned 65.

The proposals were first raised last summer, at which time employers called for the changes to be delayed for a year. The Department for Business now says that as well as benefiting individuals, "the freedom to work for longer will provide a boost to the UK economy".

Employment Relations Minister Edward Davey commented that it would still be possible for employers to force people to retire if they were no longer up to the job. ďAs of now, you are still able under the Employment Rights Act 1996 to fairly dismiss someone if you go through the proper processes - and one of the reasons you can dismiss someone fairly includes capability."

The implications of the announcement are that from 6 April 2011, bosses will no longer be able to issue notifications for compulsory retirement using the Default Retirement Age (DRA) procedure.

Between 6 April and 1 October, only people who were both notified before 6 April, and are due to retire before 1 October, can be forced to retire. Then, after 1 October, employers will not be able to use the DRA procedure to make staff retire.

However, certain employers will still be able to rely on a compulsory retirement age - if they can justify it, such as police officers or air traffic controllers.

For information on any aspect of Employment Law please contact Ashley Hunt on 0116 212 1000.

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Lawson-West specialise in commercial, business and employment law. Our team of dedicated commercial solicitors can help with buying or selling a business, business law and disputes, landlord and tenant issues and commercial property. Our expert employment team can offer practical advice and guidance on all aspects of employment law including redundancy, compromise agreements and dismissal procedures. Visit for more information.

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Article Published/Sorted/Amended on Scopulus 2011-02-09 17:20:38 in Legal Articles

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