Question
I have heard that the law is changing in April and we wont be able to retire anyone. Is that correct?
Answer
Partly correct. On 6 April 2011 the Employment Equality (Repeal of Retirement Age) Regulations 2011 will come into force. These regulations will abolish the current default retirement age of 65. This means that retirement will no longer be a potentially fair reason to dismiss an employee and the current retirement procedures that must be followed by employers when dismissing on the grounds of retirement can no longer be used. From 6 April 2011 any employer wishing to retire an employee will need to be able to objectively justify the retirement as a 'proportionate means of achieving a legitimate aim'. The burden on the employer will be quite high and cogent evidence will be needed to succeed at the Tribunal. In order to retire employees under the current procedure, employees must serve their notice of retirement not later than 5 April 2011. If they miss this, they will need to objectively justfy the retirement.
If you would like to know more, please contact Tony Hyams-Parish, Head of Employment, in confidence and without obligation by emailing Tony or by calling him on 08450 990045, or speak to your usual contact in the Employment Team.
This answer is provided for information only and does not constitute legal advice. Professional legal advice should be obtained before taking or refraining from taking any action as a result of the contents of this article.
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