Default Retirement Age to be scrapped this year
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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
For information on any aspect of Employment Law please contact
Hunt on 0116 212 1000.
About the Author
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
www.lawson-west.co.uk 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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