In 2006, new laws were introduced to prevent employers discriminating against employees on grounds of age. However, there was one key exception that allowed an employer to fairly dismiss an employee by reason of retirement at the age of 65, the national default retirement age.
In September 2009, the Courts reviewed the legitimacy of having a national default retirement age and concluded that whilst the current limit was legitimate and proportionate, the Government should review the position.
Harriet Harman spoke recently of society’s view of women and ageing and in particular that of the media which appears to value older men for their experience but not older women. In her speech she indicated that the review will be fast tracked and scrapping the default retirement age is now a real possibility.
Just as attitudes to sex, race and disability have altered following changes to the law in these areas over recent decades, it seems society’s perception of ageing may also need to change. There can be no doubt that the outcome of the review and subsequent legislation will have a significant effect on employers and employees alike.
Currently, employees have a right to request to continue to work after reaching retirement age but must follow a set procedure. If the request is turned down, the employer does not have to give a reason for the refusal. This might be changed so that employers would have to give a valid reason for refusal. In addition, affected employees may be given the right to request to work flexible hours.
This article was written by Sarah Everton,an employment law specialist at Thursfields. For more information, contact Sarah on 01562 512470 or email:severton@thursfields.co.uk