Call
for evidence for the Government’s review of the default retirement age
The Government has commissioned a major research project –
the Survey of Employers’ Policies, Practices and Preferences relating to age
(SEPPP) – which will provide an insight into employers’ age based practices, and
in particular the use of the national default retirement age.
The Employment Equality (Age) Regulations 2006, provide for
a default retirement age (DFA) of 65. The Government was committed to reviewing
the use of the DFA in 2011, but just before the Heyday hearing in the High
Court was to begin, (to determine whether the DFA was justified, the Government
announced that it would bring forward the review from 2011 to 2010.
The review will be conducted jointly by the Department for
Business, Innovation and Skills (BIS) and the Department for Work and Pensions
(DWP). It will consider whether the DFA of 65 remains appropriate and necessary,
taking into account the needs of business and individuals in the prevailing
economic climate. The Government is looking for evidence in the following broad
areas:
the operation of the DRA in practice;
the reasons that businesses use mandatory retirement ages;
the impacts (positive and negative) on businesses, individuals,
and
the economy, of raising or removing the DFA;
the experience of businesses operating without a DFA;
how could costs of raising or removing the DRA be mitigated
and the
benefits fully realised?
Submissions are requested by 1 February 2010.
This provides summary information and comment on the subject areas covered. Where employment tribunal and appellate court cases are reported, the information does not set out all of the facts, the legal arguments presented and the judgments made in every aspect of the case. Employment law is subject to constant change either by statute or by interpretation by the courts. While every care has been taken in compiling this information, we cannot be held responsible for any errors or omissions. Specialist legal advice must be taken on any legal issues that may arise before embarking upon any formal course of action.
