Over the hill at 65?
22I07I09
Over the hill at 65? - Challenge to the UK's mandatory
retirement age of 65 is back at the High Court
Gwenno Hughes
The UK Age Discrimination law came into effect
on the 1st October 2006 and provides that UK employers can dismiss
a member of staff on their 65 birthday without redundancy
payment.
Last week Age Concern and other Charities took
the Government to the High Court on the ground that the compulsory
retirement age is unlawful.
Hugh James comments that if successful, this
legislative change will mean significantly increased costs and
increased administrative burdens for employers, not least in
establishing and explaining their own bespoke retirement ages and
having to justify each employee's retirement position to avoid
claims of discrimination. This will all come at a time when
employers can least afford extra regulatory burdens due to the
economic pressures on businesses brought about by the
recession.
There are around 260 legal actions pending in
tribunals and thousands more pensioners who were forced to retire
against their will have compensation claims waiting if the High
Court's final ruling decides the compulsory retirement age is not
justified.
Crucial to the current High Court drama is the
Government's announcement just days earlier that it will bring
forward a review of the retirement age to 2010, a move that some
commentators say signals the end of the default retirement age in
the UK as we know it.
For further advice on all employment law
matters please contact Hugh James Solicitors.
For further information contact:
Gwenno
Hughes
Senior Associate
E gwenno.hughes@hughjames.com
T 029 2039 1002