longstreath.com: Default Retirement Age - longstreath.com

The government has just published regulations abolishing the default retirement age (DRA) from 6 April 2011.

This means that employers can only issue notices of compulsory retirement to employees before 6 April this year if:
- their retirement date is on or before 30 September
- and they follow the “duty to consider” procedure for considering the employee’s right to request to work post-DRA.

Employers cannot, therefore, issue notifications of retirement relying on the DRA after 5 April 2011 if the intended date of retirement is on or after 1 October.
That also means that from 1 October 2011, retirement will no longer be a potentially fair reason for dismissal under the Employment Rights Act 1996.

Employees issued with a notice to retire after that date can therefore bring a claim of unfair dismissal and age discrimination. To defend the claim, the employer would have to show that it was a proportionate means of achieving a legitimate aim.

If you have worked for a UK contractor for more than 1 year on a regular basis and you think you have been laid off permanently due to your age, seek redress through your union to fight your case even if you are day rate as you are an employee for unfair dismissal, see http://ukdivingbroth...nfair-dismissal for previous case law