Today's Date: 8th September 2010
 
Employment Law – Retirement Age - 12th October 2009

65 for the time being.

The High Court has recently decided that the UK's designated retirement age of 65 does not constitute unlawful discrimination.

Whilst an employer does not have to force its employees to retire on or after their 65th birthday, it may choose to do so. The employee only has the right to request to continue to work. The employer does not have to give reasons for refusing any request by an employee to continue working, and as long as the employer follows the correct procedure, the employee would not have a claim for unfair dismissal.

The judge did say that his decision would have been different if the Government's review of the designated retirement age had not been brought forward to 2010. The judge said that he could not 'see how 65 could remain as a designated retirement age after the review.'

Change might be on the way, but for now, employees can be forced to retire at 65.

 If you employ people reaching retirement age, or you are an employee reaching retirement age, and you need advice, speak to our employment law team.

 



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