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Default retirement age to stay for the moment
The High Court has upheld the law that allows UK employers to force workers to retire at the age of 65.
In the UK, a worker can see their employment end at the age of 65 without any redundancy payment - even if they do not want to retire.
However the judge in the case said there was a compelling case for the compulsory retirement age to rise and the court's decision means the end to a string of compensation cases brought by people who did not want to retire.
Specifically, Mr Justice Blake decided that the Default Retirement Age introduced by the government in 2006 did comply with an EC Directive against age discrimination. However, he did say that there was a "compelling case" for a change in the law, and he would have ordered a review had the Government not decided to bring forward its review of the default retirement age to 2010.
Until any changes are brought in by the Review, employers who have normal retirement ages for their staff are reminded that they should ensure that they advise each employee of their respective retirement date and associated rights between six and twelve months before the date of retirement. Employees still have the right to request to stay on at work after their normal retirement age.
To keep up to date on this, keep an eye on the Cherington HR newsletter pages.
In the UK, a worker can see their employment end at the age of 65 without any redundancy payment - even if they do not want to retire.
However the judge in the case said there was a compelling case for the compulsory retirement age to rise and the court's decision means the end to a string of compensation cases brought by people who did not want to retire.
Specifically, Mr Justice Blake decided that the Default Retirement Age introduced by the government in 2006 did comply with an EC Directive against age discrimination. However, he did say that there was a "compelling case" for a change in the law, and he would have ordered a review had the Government not decided to bring forward its review of the default retirement age to 2010.
Until any changes are brought in by the Review, employers who have normal retirement ages for their staff are reminded that they should ensure that they advise each employee of their respective retirement date and associated rights between six and twelve months before the date of retirement. Employees still have the right to request to stay on at work after their normal retirement age.
To keep up to date on this, keep an eye on the Cherington HR newsletter pages.
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Posted on 07 Oct 2009 by helen
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