Photo: Jacobs & Reeves Poole Head Office situated in the High Street, Poole, Dorset
17 Jan 2011....Abolition of the Fixed Retirement Age
Despite the introduction of age discrimination laws over the last few years, employers have retained the right to operate a fixed retirement age for employees. Usually this will be 65 years.
This is known as the DRA or Default Retirement Age and the government has confirmed that it is to be phased out over the coming months.
The last day that employees can be compulsorily retired using a DRA is 30 September 2011. Under current rules 6 month's notice needs to be given and so employers operating the DRA must give employees notice to retire on or before 30 September 2011 notice of compulsory retirement by not later than 30 March 2011. Under current rules where an employer fails to give the full 6 month's notice the employee can claim compensation subject to a maximum of 8 weeks pay.
Employers cannot issue new notifications at retirement using the DRA on or after 6 April 2011 and from 1 October 2011 no employee can be compulsorily retired simply by reason of reaching the age of 65 unless that retirement can objectively justified by the employer.
If an employer feels that an older employee is no longer performing to a satisfactory level dismissal can only fairly take place where the employer dismisses on grounds of incapability following a fair and reasonable disciplinary process.
Contact Rod Dutton in our employment department for more information.
Jacobs & Reeves are one of Dorset's premier firms of Solicitors & Lawyers. If you feel you need legal advice for accidents or injuries, crime, employment law, family or matrimonial law, divorce, probate, wills, trust or tax law, professional negligence or property, including conveyancing, don't hesitate to give us a call.
Home Information Packs have been scrapped by the new government. Are you confused as to what requirements now apply? If so please contact our experienced residential conveyancing department. You can click here to access their page on this site.
Full details of the services we can provide are located in the practice areas in the left hand menu. If you would like to talk to us straight away, please, in the first instance, dial our Poole office on 01202 674425.
A list of Partners is available from the firm's principal office at 153 High Street, Poole, Dorset.