Default Retirement Age and Capability

posted by admin on August 21, 2018

As the statutory default retirement age has been scrapped along with the retirement procedure.  Organisations who wish to retire an employee will need to follow a fair procedure under ordinary unfair dismissal rules and rely on one of the potentially fair reasons for dismissal.

There are exceptions to the removal of a default retirement age, however employers will need to objectively justify these exceptions, and if necessary defend them at Tribunal on the basis of age related discrimination.

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