| The Employment Equality (Age) Regulations 2006 | | | | retirement age in the absence of one having been |
| - SI No 2006/1031 - came into force on 1 | | | | specified is now 65. It should be noted, however, |
| October 2006 to protect employees from being | | | | that an employer will not be able to rely on the |
| dismissed unfairly by reason of their age. The | | | | default retirement age of 65 to retire employees |
| Age Regulations make it unlawful to discriminate | | | | earlier than he would otherwise, for example if |
| against employees, job seekers and trainees | | | | the employees retirement aged had previously |
| because of their age - both old and young. The | | | | been set at 68. |
| protection covers direct and indirect discrimination, | | | | Fixed Retirement Ages Specified |
| harassment and victimization. Employers and | | | | (2) The employer has a fixed retirement age |
| employees alike must familiarise themselves with | | | | which is below the age of 65, the dismissal takes |
| these far reaching changes. | | | | effect after that age, but the reduced retirement |
| This article addresses: | | | | age is not "objectively justified". This means that |
| (1) the particular unfairness of "early retirement" | | | | the employer has to establish what objective and |
| which essentially involves retirement ages being | | | | proportionate reason exists to warrant a lower |
| arbitrarily fixed below 65 without justification; and | | | | retirement age. This will be rare. |
| (2) the requirement for a fair procedure to be | | | | (3) The employee has a fixed retirement age |
| followed in all retirement dismissals. Section 98 of | | | | whether above or below 65, but the employee is |
| the Employment Rights Act 1996 is amended to | | | | dismissed for retirement before the employee |
| include a new potentially fair reason for dismissal - | | | | reaches that previously fixed age. |
| that of retirement. As with other reasons for | | | | 6 Months Notice Rule |
| dismissal, it remains the case that the employer | | | | (4) The employee has a fixed retirement age |
| must "show" any Employment Tribunal what the | | | | over the age of 65, the employer gives notice to |
| reason for dismissal is. | | | | dismiss within the 6 months rule, but the dismissal |
| If the employer wishes to be able to rely on | | | | takes effect before the intended date of |
| retirement as a reason for dismissal, the chances | | | | retirement date so notified. |
| of successfully doing so are greatly increased if | | | | (5) The employer does not notify the employee |
| he follows the procedures set out in the Age | | | | in accordance with the 6 months rule, but he does |
| Regulations. That is to say that at least 6 months | | | | notify the employee of an intended date of |
| prior to the dismissal (but no more than a year | | | | retirement, but the dismissal takes effect before |
| prior to the dismissal) he notifies the employee of | | | | that intended date of retirement. |
| the date on which he intends that the employee | | | | Right to work beyond the intended retirement |
| should retire and he informs the employee that | | | | date |
| the employee has a right to request to work | | | | If the employee indicates his wish to exercise his |
| beyond retirement age. This is known as the 6 | | | | right to request working beyond the intended |
| month rule. | | | | retirement date the employer must arrange a |
| The Age Regulations remove the upper age limit | | | | meeting. If the employer has notified in |
| for claiming unfair dismissal and redundancy and | | | | accordance with the 6 months rule, the request |
| give older workers the same rights to claim unfair | | | | must be made at least 3 months but not more |
| dismissal or receive a redundancy payment as | | | | than 6 months before the intended date of |
| younger workers, unless there is a genuine | | | | retirement. If the employer has failed to notify in |
| retirement. | | | | accordance with the 6 months rule, the request |
| Where Retirement Dismissal Is Unfair | | | | can be made at any time within the six month |
| There are 5 circumstances where genuine | | | | period before the intended date of retirement. |
| "retirement" cannot be the reason for dismissal no | | | | The employer must hold a meeting with the |
| matter what the employer argues in an | | | | employee within a reasonable period after |
| Employment Tribunal and where dismissal will | | | | receiving the request unless, during that period, |
| therefore be unfair. Those 5 circumstances of | | | | the employer and employee agree that the |
| unfair dismissal are: | | | | employee is to retire later or it is not practicable |
| No Fixed Retirement Ages Specified | | | | to hold a meeting within the period. If it is not |
| (1) The employee has no fixed retirement age, | | | | practicable to hold a meeting within the period the |
| but the dismissal takes effect before the | | | | employer must still consider the request. |
| employee reaches the age of 65. The default | | | | |