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November 2009 - Do you have to retire at 65? The High Court has recently upheld the law which allows UK employers to require workers to retire at the age of 65. This means that, currently, an employer can dismiss a member of staff on or after that employee's 65th birthday so long as they comply with the procedure outlined in the Age Regulations. That procedure requires employers to give between six and twelve months' notice of their intention to retire the employee. They should also specify the date on which retirement should commence. The employee has a right to request to continue working beyond that date, although (subject to following the correct procedure to do so) the employer can refuse the request and need not give any reasons. The High Court additionally rejected the challenge to the Regulation which permits employers to objectively justify direct age discrimination. Thus, an employer can refuse to employ an individual on the grounds of age, so long as the employer can demonstrate an objective justification for the decision. In addition, the employer may simply reject, unchallenged and without the need for objective justification, the application of any prospective employee who is over the age of 65 or who would within 6 months of the date of his application reach the age of 65. However this is unlikely to be the end of the story and there are strong indications that changes to the legislation will be made within the next 2 or 3 years. If you would like to talk to a member of our employment team regarding retirement please telephone 01562 514867, email This e-mail address is being protected from spambots. You need JavaScript enabled to view it or contact us using the contacts page of our website. |