Employment: Retirement Age

As a result of age discrimination legislation which came into force in 2006 (The Employment Equality (Age) Regulations 2006) compulsory retirement ages became unlawful unless they could be justified. However, this was subject to a national Default Retirement Age (DRA) of 65 which allowed compulsory retirement for those over that age, provided employees were given the opportunity to exercise a right to request working beyond retirement age.

The Coalition Government abolished the DRA. Detailed proposals were published on 29 July 2010 setting out the intention to phase out the DRA. The phasing out of the DRA began in April 2011 and was completed in October 2011. As of 1 October 2011, the Employment Equality (Repeal of Retirement Age Provisions) Regulations 2011 abolished the DRA.

Under current law, a policy of compulsory retirement constitutes direct age discrimination unless it can be justified as being a proportionate means of achieving a legitimate aim.