17 February 2011
Draft Regulations have now been published to implement the phasing out of the default retirement age (“DRA”). The draft Employment Equality (Repeal of Retirement Age Provisions) Regulations 2011 (“the Draft Regulations”) were published on 16 February 2011 and are set to come into force on 6 April 2011.
Prior to the publication of the Draft Regulations, it was understood that employers would not be able to give notice of retirement to individuals under the Employment Equality (Age) Regulations 2006 (“the Regulations”) after 5 April 2011, and that retirement under the Regulations must take effect by 1 October 2011. However, it now appears that transitional provisions will apply which will enable employers to extend the notice of intended retirement up to 12 months (instead of the current six months) in the following circumstances:
- The individual concerned has reached 65 (or normal retirement age for the company if this is higher), by 30 September 2011;
- The retirement date would fall before 5 April 2012; and
- The employer has complied with its duties under the Regulations, to consider a request to work beyond age 65.
This will mean that in the circumstances highlighted above, a retirement dismissal under the Regulations could take effect after 1 October 2011 provided it is before 5 April 2012.
The Draft Regulations can be viewed at the following link: click here
Should you have any queries please contact:
Adele Martins – [email protected]
Susan Thompson – [email protected]
Catherine Yallop – [email protected]
Moji Oyediran – [email protected]
Nicholas Stott – [email protected]