0370 270 6000

already registered?

Please sign in with your existing account details.

need to register?

Register to access exclusive content, sign up to receive our updates and personalise your experience on brownejacobson.com.

Privacy statement - Terms and conditions

Forgotten your password?

The bell tolls for the DRA

13 January 2011

The government has today confirmed that the default retirement age will be abolished from 1 October 2011. Employers will not be able to issue new notices of retirement under the current rules after 5 April this year.

Individual employers can still operate a compulsory retirement age, provided that it can be objectively justified, although uncertainty remains over what employment tribunals will accept as objective justification. In response to concerns raised by employers, the government will introduce an exemption to the principle of equal treatment on the grounds of age, where group risk benefits are provided by employers. This will allow employers to withdraw such benefits after 65.

Employers who might have held back from performance managing staff nearing retirement, can no longer afford to do so, even if they are expected to retire in the next few years. In some cases, this may mean beginning a performance management process with employees who have been under-performing for quite some time.

Related opinions

The frontier worker permit

All EU citizens who were not residing in the UK by the end of December 2020 and want to live and work in the UK from 1 January 2021 must apply for a visa as a result of Brexit.

View blog

The UK - India migration deal

The Young Professionals Scheme will make it easier for young Indian citizens and young Britons to access visas.

View blog

Home Office Central Registry for modern slavery statement goes live - first universities publish statements

The Home Office recently launched a central registry for modern slavery statements. A growing number of educational organisations, including a number of universities, have published statements on the registry.

View blog

Equal pay at ASDA stores - appeal to the Supreme Court unsuccessful

35,000 workers working in ASDA’s retail business sought to compare themselves to workers at distribution depots for equal pay purposes. Find out more about this Employment Appeal Tribunal.

View blog

Mailing list sign up

Select which mailings you would like to receive from us.

Sign up