Default retirement age abolition in doubt
The Supreme Court has ruled employers may have powers to forcibly retire staff at 65 – putting in doubt the abolition of the default retirement age.
The court ruling, handed down last week, dismissed an appeal from a partner at a law firm who was forced to retire at age 65, saying the firm was right in its use of age discrimination to remove the man.
The ruling said “all businesses will now have to give careful consideration to what, if any, mandatory retirement rules can be justified”.
The DRA’s abolition came into force last October, removing the right of firms to forcibly retire staff at state pension age.
The Supreme Court ruled the case must go back to the Employment Tribunal to see whether a clause in the law firm’s deeds ruling partners should retire at the age of 65 was proportionate.