If an employer does not retain a compulsory retirement age, can it retire employees if this is justified on a case-by-case basis?
An employer that does not retain a compulsory retirement age will still be able to carry out individual retirements if it can justify them on a case-by-case basis.
The employer would have to show that retiring the employee at the particular age is a proportionate means of achieving a legitimate aim, such as health and safety. This will be more difficult to establish for individual employees if other employees routinely work past that age.
If the reason for the "retirement" is the employee's performance or capability, the employer should use its capability procedure, rather than attempt to justify a retirement dismissal.