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A general note

The changes to the statutory provisions on retirement dismissals which came into effect on 6th April 2011 under the Employment Equality (Repeal of Retirement Age Provisions) Regulations 2011 abolished the Default Retirement Age (DRA) of 65. The notification procedures for retirement under the DRA and the statutory right to request to continue working beyond the DRA were also abolished at the same time.

It is therefore no longer possible to retire employees once they reach the age of 65 unless their retirement can be objectively justified as a proportionate means of achieving a legitimate aim. In practice, it is likely to be very difficult for most companies to objectively justify a compulsory retirement age; the Department of Business, Information and Skills (BIS) gives air-traffic controllers and police officers as possible examples of where having a retirement age could be justified.

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