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Robin Allen QC lecture on the Default Retirement Age

Robin Allen QC lecture on the Default Retirement Age

DRA Abolition - What lies ahead?

Robin Allen QC

Introduction

1. Under the Age Regulations 2006, provided they followed a simple procedure, employers were able to retire employees at 65 and above, without fearing that they would be made subject to proceedings for age discrimination or unfair dismissal. As a result 65 became known as the Default Retirement Age (“DRA”).

2. The DRA is now being abolished by the Employment Equality (Repeal of Retirement Age Provisions) Regulations 2011(SI 2011 No. 1069) (“the Abolition Regs.”).

3. The Equality Act 2010 will now become the source of the new age discrimination law relating to employment. This paper will address what lies ahead for employers and employees and their advisers. The transition from 65 as the DRA to a new policy context

4. The choice of 65 as the age for the DRA was a direct result of a long-established national employment policy. It was connected to the age at which men were able to access a state pension, and flowed directly from what had been the default maximum age at which men and women could claim protection from unfair dismissal and redundancy payments.

Download the full article here: dla---pgm-dra-what-next.pdf

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