News
Default Retirement Age
17 February 2011
Final draft Regulations to repeal the default retirement age (DRA) provisions were laid in Parliament on 16 February.The Regulations (which can be downloaded here) are subject to the affirmative resolution procedure requiring approval in both Houses of Parliament and are scheduled to come into effect on 6 April 2011.
From that date employers will no longer be able to issue notifications of retirement using the DRA procedure.
Where a notification is made prior to 6 April 2011 to an employee who will attain the age of 65 (or who reaches his normal retirement age if that is higher) before 1 October 2011, and an employer complies fully with the requirements of the procedure, the retirement can proceed to completion. Thereafter, employers will be able to compulsorily retire an employee only if the retirement can be objectively justified in their particular circumstances.
The Acas guidance on the retirement process and the removal of the DRA can be seen at the Acas website here.
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