As widely predicted, 
the Government announced plans last week to abolish the default retirement age 
of 65 with effect from the 1st October 2011.  
Phil Kerridge, head of Employment Law at the Firm, 
believes that it is vital that businesses understand the impact that the 
abolition of the DRA will have on them, both in terms of any employees who are 
approaching (or have passed) the age of 65 and beyond.
“Under current legislation, retirement is one of the 
grounds of fair dismissal, provided that employers follow a procedure that 
basically requires them (amongst other things) to give any employee at least 6 
months notice of their intention to retire them.
In the short term, if an employer is considering 
retiring an employee who is due to reach (or who has already reached) the age of 
65, the current rules will continue to apply provided that retirement is due to 
take place by no later than 30th September 2011.  This will require notice to have been given 
by no later than 30th March 2011.
Longer term, employers will find it much more difficult 
to fall back on the retirement provisions as an alternative to addressing 
performance issues with their elder staff, which I believe is what often happens 
at present.  The abolition of the DRA 
will, for most employers, place far greater emphasis on the need to have regular 
appraisals/workplace discussions with their workforce.  These will have to be very carefully handled 
so as to avoid any suggestion that the employer is acting in a discriminatory 
fashion.”
Phil Kerridge can be contacted for further advice on this subject or 
any other employment matter on 01603 675603 or at pnk@rogers-norton.co.uk
 

 
 
 
 
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