The Default Retirement Age

There has been much press coverage of the recent High Court decision in the Heyday case (brought by the charity now known as Age UK) with respect to the finding that the Default Retirement Age (DRA) of 65 in the Age Regulations is lawful. There are, however, additional interesting points which arise out of this decision which have not made the headlines, which we explore below.

The main decision

The judge concluded that the Government's decision to adopt a DRA was "legitimate and proportionate", on the basis that it does not require an employer to dismiss an employee on the grounds of their age or retirement, but enables an employer to do so at a particular age without contravening the law and placing itself at risk of a claim (provided the procedure in the Age Regulations is followed). As such, it serves to give certainty to both employers and employees.