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ARTICLE · 06 APRIL 2011

Will You Still Need Me…When I’m 65?

Fried Frank Harris Shriver & Jacobson
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From 6 April 2011, the UK ceases to have a "default retirement age" of 65 (the "DRA") at which employers may require an employee to retire automatically without facing unfair dismissal (termination) claims.

United StatesEmployment and HR
Sheena McCaffrey
Sheena McCaffrey

From 6 April 2011, the UK ceases to have a "default retirement age" of 65 (the "DRA") at which employers may require an employee to retire automatically without facing unfair dismissal (termination) claims. The DRA (first introduced in the Employment Equality (Age) Regulations 2006) permitted employers to retire individuals at the DRA, provided they followed a specific statutory procedure, without this giving rise to statutory claims for unfair dismissal.

While the DRA is abolished, employers may continue to have an "Employer Justified Retirement Age" ("EJRA"), which may be higher or lower than 65, at which employees must retire. However, an EJRA may only be retained if the employer can show objectively that an EJRA is a "proportionate response to achieve a legitimate aim."

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