BVI Enacts Minimum Compulsory Retirement Age

The Government of the British Virgin Islands has recently enacted legislation setting a minimum compulsory retirement age for employment law purposes, subject to certain exceptions. This is the first such measure in the Territory's history.

The Virgin Islands Retirement Age Act 2016 prohibits employers from retiring on the ground of age any employee who is below 65 years of age. If a pre-existing employment contract or collective agreement allows employers to do so, it is void to that extent.

The above is subject to the following transitional measures:  

• Employees who reach 60 years within 1 year of the commencement of the Act (1 April 2017) may request to retire at that age rather than having to wait until 65.