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Diversity – From Why To How Workshop 2 - page 91 / 103

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91 / 103

Exceptions For Retirement

Compulsory retirement will constitute direct age discrimination

Equal Treatment Directive allows age discrimination if it can be objectively justified

This enables the Government to set a national default retirement age

Under national default provisions, it will not be unlawful to dismiss an employee at or over the age of 65 where the reason is retirement

A national default retirement age is not an obligatory retirement age. It allows employers to set a retirement age at or above the level of the national default retirement age if they want to

If employers want a retirement date below the national default retirement age, then this is possible if there is objective justification

In 2011, the Government intends to review the default retirement age

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