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Default Retirement Age

The High Court has ruled it is legal for employers to retire employees at the age of 65.

The long-awaited decision follows the challenge led by Age Concern and Help the Aged against the UK government's default retirement age of 65.

Mr Justice Blake indicated an exempt retirement age at 65 was lawful back in 2006 when it was introduced, due to the prevailing circumstances and evidence available at the time. But he said it would not be likely to be lawful if it were introduced now because of the current economic conditions.

As a response to the decision there is to be a review of the default retirement age (DRA). The government has brought forward the review of the DRA and it is expected to be extended or removed completely.

OFMDFM has asked for NI interest in the review of the default retirement age to be fed into the department for Business, Innovation and Skills review.

The Chartered Institute of Personnel and Development (CIPD) said it was disappointed with the ruling. CIPD diversity adviser, Dianah Worman said: "The High Court has missed a trick to resolve this issue once and for all. The government itself has admitted that the days of the DRA are numbered. It seems counter-intuitive to drag this decision out even further while thousands of older people will be forced out of work in an already difficult jobs market."

 

Susan Lavery | 2 February 2010 - 2:47pm |