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How have the Employment Equality (Age) Regulations 2006 affected retirement dismissals?

Can an employer use a mandatory retirement age for workers who are not employees?

Can an employer keep a normal retirement age of 65 under the age discrimination legislation?

Can an employer continue to operate a normal retirement age below 65?

What will happen to employment tribunal claims that were stayed pending the decision in the Heyday case on the default retirement age?

Can an employer make extensions of an employee's contract beyond normal retirement age subject to the employee passing a medical examination?

Is it permissible to increase the frequency of health screenings for employees in line with age?

Can employers stop providing benefits such as life assurance when employees reach 65?

The Employment Equality (Age) Regulations 2006 (SI 2006/1031) make it unlawful for employers to cease providing benefits such as life assurance or permanent health insurance cover to employees when they reach a certain age (for example 65), unless the differential treatment can be objectively justified. Cost alone will not provide sufficient objective justification.

However, if an insurer will not provide life or health cover for employees who are beyond a certain age, this may provide objective justification. An employer in this situation should establish whether or not cover can be obtained from other providers. If it cannot, an alternative may be to provide a cash payment to affected employees, in lieu of the insured benefit. This still puts employees at a disadvantage because they are no longer receiving the relevant benefit and the cash payment will not enable them to obtain equivalent cover on the open market. However, employers may have a better chance of justifying this approach than if they provide nothing to such employees.

There is a specific exemption in the Regulations for life assurance provided to employees who have had to retire early on health grounds. It will not be unlawful for an employer to arrange for such cover to cease when employees reach 65 (or the employer's normal retirement age if different).

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