ABSTRACT
In addition to the Genuine Occupational Requirement defence, which is standard for direct discrimination on all protected characteristics, the legislation introduced two exceptional defences for age discrimination: a default retirement age, and a dedicated objective justification defence. In just one reported case, has a tribunal considered and referred to UK government social policy when ruling on the objective justification defence to age discrimination. Where the employer's pension scheme is less amenable to flexible retirement dates, it might be that an individual employer wishes to 'preserve its stability' with a compulsory retirement age. Employers have set aims of physical fitness, physical capabilities, or just ‘ability’. In practice, the overwhelming majority of a workforce may support a compulsory retirement age negotiated into a collective agreement, especially when it was linked to other benefits.
