The Government has confirmed that 5 April 2011 will be the last day on which an employer can give the notice needed to lawfully force an employee to retire at age 65 without having the right to bring an age discrimination unfair dismissal claim.

In future all such terminations, whatever the age, will need to be made for the standard lawful reasons, notably poor performance or lack of capability. Any retirement age will have to be objectively justified as a proportionate response to a legitimate aim, for instance the need for the business to provide promotion opportunities or health and safety.

ACAS has published a guide Working Without the Default Retirement Age.

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Updates: For employers: Discrimination | For employees: Discrimination | Unfair dismissal |

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