ABSTRACT
In the end, the then-Labour Government opted to set a ‘default retirement age’ of 65. An employer can lawfully dismiss an employee at the age of 65 without having to justify the decision to dismiss. An employer can also set a retirement age below 65, but would face what the government has called a ‘tough test’ (Age Positive Campaign 2006) for objectively justifying the lower retirement age. Although employers are allowed to compulsorily retire employees at 65 (or in some cases even younger), the Age Regulations do impose a ‘duty to consider’ (DTI 2005, para. 1.10) requests to delay retirement. So long as the employer follows the procedure set out in the Age Regulations for informing and
236 G o w e r H a n d b o o k o f D i s c r i m i n a t i o n a t Wo r k
consulting the employee on the decision to retire, it can compulsorily retire the employee without needing to justify its decision.
