It won't have escaped your notice that the Government has published its proposals for abolishing the default retirement age and the associated statutory retirement procedure. If you don't have time to read the full 60-page consultation document (PDF format, 440K) (on the BIS website), look at the XpertHR FAQs section for an overview of the main proposals.
The new questions on the retirement proposals added to XpertHR are:
- Does the Government have plans to abolish the default retirement age?
- What is the expected timetable for the abolition of the default retirement age?
- Will there be transitional arrangements for the abolition of the default retirement age?
- How will employers deal with retirement after the abolition of the default retirement age?
- Will employers still be able to operate a compulsory retirement age after the abolition of the default retirement age?
- Will anything replace the current statutory retirement procedure after the abolition of the default retirement age?
- Will the statutory retirement procedure be repealed when the default retirement age is abolished?
- After the abolition of the default retirement age, how should employers deal with employees over 65 who are underperforming?
- How will the abolition of the default retirement age affect employers that have a compulsory retirement age of 65?
- After the abolition of the default retirement age, employers will have to justify objectively having a compulsory retirement age. What does this mean?
- How will the abolition of the default retirement age affect employment tribunal claims in relation to retirement?
In addition, the XpertHR case law stop press service has reported on the timely Court of Appeal decision in Seldon v Clarkson Wright and Jakes [2010] EWCA Civ 899 CA. Although this case involves the niche area of age discrimination against business partners, it includes a useful discussion of justification of having a compulsory retirement age. This is an issue that will have great significance for employers once they have to justify decisions to have any retirement age.
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